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Article 967 Spanish Criminal Procedure Act: summonses in minor-offence trials
Quick answerArticle 967 of the Spanish Criminal Procedure Act requires summonses for minor-offence trials to inform the complainant, the injured party and the person under investigation that they may be assisted by a lawyer and that they must attend with the evidence they intend to rely on. Where the fine has an upper limit of at least six months, the general rules on defence and representation apply. Unjustified failure to appear may be punished with a fine of 200 to 2,000 euros.
This rule governs the most frequent hearing in the criminal courts. Failure to comply has direct consequences: a summons that omits the warning about legal assistance or about bringing evidence causes real prejudice and may ground the annulment of the hearing held.
Also cited as: article 967 Spanish Criminal Procedure Act · art. 967 LECrim · LECrim article 967 · artículo 967 de la Ley de Enjuiciamiento Criminal.
Wording of the provision
1. In the summonses served on the complainant, the injured party and the person under investigation for the hearing, they shall be informed that they may be assisted by a lawyer if they so wish and that they must attend the hearing with the evidence they intend to rely on. A copy of the complaint or private prosecution shall be attached to the summons served on the person under investigation.
Without prejudice to the preceding paragraph, for the trial of minor offences carrying a fine whose upper limit is at least six months, the general rules on defence and representation shall apply.
2. Where parties summoned, witnesses and experts fail to appear without pleading good cause, they may be fined between 200 and 2,000 euros.
Consolidated text published by the Spanish Official State Gazette, Royal Decree of 14 September 1882 approving the Criminal Procedure Act. Unofficial English rendering; the Spanish text is the authentic one.
Sentencing range. A procedural provision. The only financial consequence it lays down is the fine of 200 to 2,000 euros for unjustified failure to appear by parties, witnesses and experts.
Key facts
| Scope | Minor-offence trials, governed by Book VI of the Criminal Procedure Act. |
|---|---|
| Required content of the summons | Information about the right to be assisted by a lawyer and about the duty to attend with the evidence. A copy of the complaint is attached for the person under investigation. |
| Mandatory legal assistance | Where the minor offence carries a fine whose upper limit is at least six months, the general rules on defence and representation apply. |
| Failure to appear | A fine of 200 to 2,000 euros for summoned parties, witnesses and experts who fail to appear without pleading good cause. |
| Effect of omission | A summons lacking the statutory warnings may cause real prejudice and ground the annulment of the proceedings. |
| Related provisions | Article 969 on the conduct of the hearing, Article 970 on the absence of the person under investigation and Article 976 on appeal. |
| Evidence | The party bears the burden of bringing its evidence: a party attending without witnesses or documents will struggle to adduce them later. |
Elements and scope
- Proper service on the complainant, the injured party and the person under investigation.
- Inclusion of the information about legal assistance and about bringing evidence.
- Delivery to the person under investigation of a copy of the complaint.
- Warning of the consequences of unjustified failure to appear.
Points of application
The warning about evidence is not a formality. The minor-offence trial is held in a single sitting. A party attending without witnesses or documents effectively loses the chance to prove its account, so omitting the warning has real consequences.
The threshold for mandatory legal assistance. Where the fine reaches at least six months at its upper limit, the general rules on defence and representation apply, which in practice means a lawyer and a court representative are required.
The fine for non-appearance is discretionary. The provision says they may be fined, so imposing it requires reasons, and pleading good cause excludes the penalty.
Defence strategy
Checking that the summons was proper. This is the first point to examine. The absence of the statutory warnings, or failure to deliver the complaint, grounds annulment, which must be raised at the start of the hearing.
Preparing the evidence beforehand. Because the hearing is held in a single sitting, all documents and witnesses should be brought, without relying on adducing them later.
Justifying non-appearance. Where attendance is impossible, notifying the court in advance with documentary support avoids the fine and allows the hearing to be adjourned.
Defence in this area
If you or your company are facing proceedings in this area, the firm provides defence and prosecution in Alicante and Madrid, with 24-hour assistance to detained persons.
Are you under investigation or facing charges in Spain? Société Juridique acts for foreign nationals throughout Spain, with offices in Alicante and Madrid and a 24-hour custody line. +34 669 30 21 13 or enquire online.
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This page is provided for information only and does not constitute legal advice. The application of any provision depends on the circumstances of the case and requires review of the file by a lawyer. The English rendering of the legal text is unofficial.
Last reviewed: 21 September 2026.
Frequently asked questions
What must a summons for a minor-offence trial say?
That the parties may be assisted by a lawyer if they wish and that they must attend with the evidence they intend to rely on. A copy of the complaint is attached for the person under investigation.
Is a lawyer mandatory in minor-offence trials?
As a rule no, but where the minor offence carries a fine whose upper limit is at least six months the general rules on defence and representation apply.
What happens if I do not appear?
Summoned parties, witnesses and experts who fail to appear without pleading good cause may be fined between 200 and 2,000 euros.
Can I produce evidence after the hearing?
The minor-offence trial is held in a single sitting, so the evidence must be brought to it. Hence the warning the summons must contain.
What if the summons omits the warnings?
It may cause real prejudice and ground the annulment of the proceedings, a point that must be raised at the start of the hearing.
Is there an appeal against the judgment?
Yes, an appeal under Article 976 of the Criminal Procedure Act.
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