Declaration as Investigated

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I have received a summons to provide declaration as investigated and we have panicked at home. The declaration as investigated It is so that it occurs in the court of investigation. But what is the judicial summons of investigated?, or better, what is a investigated?. To resolve these issues, we will count on the advice of JAVIER and MANUEL RINCÓN BERNAL, (Directors of RINBER ABOGADOS PENALISTS), considered among THE BEST CRIMINAL LAWYERS IN SPAIN. 

What is an investigated person? What is the investigated statement like? 

The figure of investigated, inside of the right procedural penal, is what we previously knew as reported. The one reported before is now called investigated. Is the same. 


It is an unpleasant experience to come across a communication from the SCAC, (Common Service for Communication Acts), (Thus, at least they do it in the Courts of MADRIDGRENADECORDOVAJAENMALAGA, including those in towns such as: TORREMOLINOSFUENGIROLAANTEQUERA and VÉLEZ MALAGA). 

Once you have received that summons from the SCAC, you have to go to the Palace of Justice (let's say, for example, that of MALAGA, in Theatian), let's see, “what the hell is it about”, and find yourself with a STATEMENT OF INVESTIGATOR. Surely, we will know what it is about. Who it is, who may have reported us, or on the contrary, what “shady” matter we have gotten ourselves into. 

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Logically, the first thing we should do, (without a doubt), is to directly and immediately contact a specialist lawyer, (JAVIER and MANUEL RINCÓN BERNAL, (Directors of RINBER ABOGADOS PENALISTS), who are considered among THE BEST CRIMINAL LAWYERS, tell us. FROM SPAIN). The judicial declaration as investigated, is, (we could say), the first step of the criminal judicial procedure. Very important and essential for the future of every person involved in a criminal judicial procedure. But, as in everything in life, there are TRICKS. Yeah. TRICKS

Criminal organization
Declaration as Investigated


This is perhaps the part that I don't like the most. When we talk about TRICKS and TIPS with which to face the STATEMENT OF INVESTIGATOR. For this, we have the advice of JAVIER and MANUEL RINCÓN BERNAL. These TRICKS, which we are going to comment on, we put into practice in the Courts that we usually frequent the most, (not in vain, WE WORK IN ALL THE INSTRUCTIONAL AND CRIMINAL COURTS OF SPAIN), which are MADRIDGRENADECORDOVAJAENMALAGA, including those in towns such as: TORREMOLINOSFUENGIROLAANTEQUERA and VÉLEZ MALAGA). 

It happens that on many occasions the STATEMENT OF INVESTIGATOR, occurs without the investigator himself having been notified of the complaint or the complaint. IN other cases, it usually happens in the Courts to which we have referred before, (MADRIDGRENADECORDOVA,JAENMALAGATORREMOLINOSFUENGIROLAANTEQUERA and VÉLEZ MALAGA), WHO GIVE YOU THE COMPLAINT OR COMPLAINT, INSTANTLY BEFORE ENTERING THE STATEMENT OF INVESTIGATOR. NOT TO TALK ABOUT THAT!!

We, in our usual practice, (JAVIER and MANUEL RINCÓN BERNAL tell us), we usually advise our client to take advantage of their right not to testify, and we inform Your Honor that once we, as lawyers, have studied the matter in depth, we will request from Your Honor, a new day and time, to appear, to clarify everything you like in relation to the matter.

But nothing about doing things in a “haphazard” way. As we said before, NOT TO TALK ABOUT THAT!! On other occasions, what it is about is “hiding” certain aspects that do not suit us, or, for example, somehow avoiding “uncomfortable questions.”

In these cases, we usually advise the client to either only answer our questions, or only answer our questions, and those of the Judge, refusing in any case to answer the questions of the private prosecution, (which is that the victim is going to exercise), or, where appropriate, those that the public ministry / prosecutor's office intends to formulate.

In a judicial statement as an investigator, the accusations are going to give you nothing, and they are going to try to ask you convoluted questions, with the intention of catching you. Well, if you can avoid the trips, then even better, don't you think? Those are the tips we can give you. 


The two main forms of STATEMENT AS INVESTIGATED, there are two of them. The first of them would be POLICE SUMMONS AS INVESTIGATED, (which was previously called POLICE SUMMONS AS REPORTED), and her own COURT SUMMONS INVESTIGATED. What differentiates them is the body that practices the CITATION.

While in the first case it is the POLICE the one who practices CITATION, in the second case it is the own COURT, who practices CITATION AS INVESTIGATED. Be that as it may, it is very, very bad when you receive the call or the summons, since they are never usually to give you good news. Quite the opposite, to endorse you, (what is colloquially called), a “brown.” 


The PREVIOUS DILIGENCES They are, in themselves, the way of calling criminal judicial proceedings. Every time a TRIAL COURTopening a criminal procedure against someone, opens, (We could say), (if you allow us the example), “a folder”, “a dossier” against that person, where all the documents that make up that file are introduced. Well, that file is called PREVIOUS DILIGENCES, which are accompanied by a number, a bar and a year.

For example, PREVIOUS DILIGENCES number 01/2,021, from the Court of Instruction number X. Well, with that number we can perfectly identify the procedure in question of our client, as well as the TRIAL COURT who is aware of the matter. Well, having explained what the PREVIOUS DILIGENCES, now it's time to comment, which is in itself the DECLARATION OF INVESTIGATOR IN PREVIOUS DILIGENCES.

Good. The Judge has possibly received a police report. In such a way, in that report, a person is accused of “allegedly” participating in criminal acts. Well, having received the report and opened the corresponding PREVIOUS DILIGENCES, the Judge establishes a day and time, so that the INVESTIGATED appear in judicial presence to provide STATEMENT about the facts in question

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