First step: read the summons carefully
A summons from the police or the prosecutor's office is usually worrying. Before anything else, read the document carefully. It states who is summoning you (the police criminal investigation body or the prosecutor), the date, time and place and, as a rule, the capacity in which you are summoned and the case number.
Your capacity is the key detail, because your rights and duties depend on it. You may be called as a witness, as an injured party (victim), as a suspect or as a defendant. If the summons does not state your capacity, you can call the number shown and politely ask which case it concerns and in what capacity you are summoned.
- Witness: someone who may know something about the facts under investigation.
- Injured party: the person who suffered harm from the act.
- Suspect: a person reasonably suspected of having committed the offence.
- Defendant: a person against whom criminal proceedings have formally been brought.
Do you have to attend?
Yes. A summons is not a mere invitation. If you fail to attend without a good reason, the authorities may issue a warrant to bring you in and, in some cases, impose a judicial fine. If you have a genuine obstacle (illness, travel abroad, another prior commitment), notify them in advance and ask for a new date, preferably in writing; keep proof that you did so.
Attending does not mean you must answer every question without understanding your position. It only means you take part in the procedure, with the rights the law gives you.
Your rights as a suspect or defendant
If you are questioned as a suspect or defendant, Romanian criminal procedure grants you several essential rights. Before your first interview, the authority must inform you of the act you are suspected of and of your rights.
- The right to be assisted by a lawyer of your choice, including during questioning. Where legal assistance is mandatory and you have no lawyer, one is appointed for you.
- The right not to make any statement (the right to remain silent). Using this right cannot be treated as evidence of guilt.
- The right not to incriminate yourself.
- The right to a free interpreter if you do not understand or speak Romanian well.
- The right to consult the case file, under the conditions set by law, and to propose evidence.
If you are called as a witness
A witness must attend and tell the truth. Giving false testimony may be a criminal offence. At the same time, the law protects witnesses against self-incrimination: a statement you give as a witness cannot be used against you if you later become a suspect in the same case.
In practice, a person summoned as a witness is sometimes the real focus of the investigation. If you have reason to believe the questions concern you directly or could expose you to an accusation, it is wise to speak to a lawyer before the interview.
How to prepare, in practical terms
Calm and careful preparation makes a difference. Do not improvise and do not try to explain everything on the spot, under pressure.
- Contact a lawyer as soon as you receive the summons, not on the day of the interview.
- Gather any documents that may relate to the matter (contracts, messages, invoices, statements) and show them to your lawyer first.
- Do not discuss the case with other people involved and do not delete messages or files.
- At the interview, read your whole statement before signing it. You may ask for corrections to any wording that does not reflect exactly what you said.
- Do not sign anything you do not understand. Ask for an explanation or a short break to speak with your lawyer.
Why a lawyer matters from the very start
Early statements stay in the file and can shape everything that follows. A lawyer present at the interview can explain, before you speak, whether it is in your interest to give a statement or to remain silent, can check that the procedure is followed and can raise requests or objections.
The information in this article is general and does not replace legal advice. Every criminal case has its own features and needs an individual analysis.
If you have received a summons and are unsure how to proceed, the Law Office of Bocse Marian-Mihaita can review your situation before the interview. We assist clients at police stations, prosecutor's offices and courts throughout Romania, and we explain the options available to you, in English as well.
This article is for information only and does not constitute legal advice. For an analysis of your specific situation, contact a lawyer.
