What happens if you do not show up for a trial you have been summoned to?

What happens if you don't show up for a trial you have been summoned to? Without a doubt, whether it is an appearance as a complainant, accused or witness, this is a question that is certainly on your mind at the moment. For this reason, here we would like to give you a precise and detailed answer based on the Criminal Procedure Act.

Consequences of failing to attend a court summons as the accused party

In this case, in order to determine the consequences of not appearing at a trial when we are the accused party, we must establish whether it is an abbreviated or plenary procedure.

What happens if I do not appear for a summary trial?

According to article 786.1 of the Criminal Procedure Act, it is compulsory for the accused to appear together with his defence counsel in order for an oral trial to be held. In fact, during the pre-trial phase, on the basis of article 775.1 of this legal text, it is compulsory for the accused to provide an address for the purpose of notifications. This will warn you that, if you do not appear, the trial may be held without you being able to defend your interests in court.
Therefore, the unjustified absence of the accused is not a reason to proceed with the suspension of the trial unless the judge, the court or the Public Prosecutor's Office deems it essential. However, this rule only applies to offences for which the sentence does not exceed 2 years' imprisonment. Moreover, if there are several defendants, the absence of one does not mean that the trial does not continue for the others.
At this point, another important question comes into play: what happens if the court cannot find me? The same thing happens. The impossibility of obtaining an address at which the service can be made does not imply the suspension of the proceedings.

What happens if I do not appear for a trial in plenary proceedings?

The rules detailed above with regard to the abbreviated procedure do not refer at any point to the plenary procedure. This has led jurists to interpret that the absence of the accused does not alter the course of the hearing. There are, however, a number of considerations:

• The accused shall no longer be considered as a source of evidence.
• The accused loses the right to have the last word.
• The accused also loses the right to participate in the taking of evidence.
• The opportunity to reach a plea bargain is no longer available.
• Notification of the sentence will be made at the time of the defendant's appearance.
• The judgment may be appealed by way of annulment, but not by way of appeal.

What happens if the plaintiff does not appear in court?

It is possible that the opposite happens, i.e. that the complainant fails to appear. In this sense, if we are talking about a minor offence (less than 2 years of maximum penalty of deprivation of liberty) and the fact that it can only be prosecuted by the offended party, the accusation cannot be sustained. Therefore, failure to appear will automatically lead to the acquittal of the accused. This is something that does not happen in the case of serious crimes, as the accusation can be maintained by the Public Prosecutor's Office.
In this regard, it should be noted that the unjustified failure of the complainant to appear may be punished with a fine of between 200 € and 2000 € under the provisions of Article 967.2 of the Criminal Procedure Act. It is therefore advisable not to take any chances.

How to avoid going to court as a witness?

Court summons are compulsory. Therefore, if we receive one for the purpose of attending a trial as a witness, we must appear, take an oath or promise, testify and, above all, tell the truth. There is no alternative.
It is true that there are certain reasons for not attending a trial as a witness, but they are exceptional. These include medical reasons and reasons of force majeure, such as hospitalisation, serious illness or the contraction of an infectious and contagious disease.
Residing in another city or country or the trial being held during working hours are not justified reasons for not attending a trial. The key is that the reason is beyond our control. For example, it is possible that we live in Andalusia, we have a trial in Madrid and that day there is a snowstorm that cuts off communications between the two regions. In that case, there would be no problem.
However, the courts have been able to adapt to new technologies and, therefore, when this type of problem occurs, they make use of telematic means. Giving evidence as a witness via video call is becoming more and more common in this type of situation.

Ultimately, whether as a witness, defendant or complainant, we are obliged to attend the trial once the court requests our appearance. Failure to do so may mean that the proceedings will continue without our rights being protected and we may face fines of up to €2,000.