I have received a summons to lend statement as investigated and we have panicked at home. The statement as investigated it is for it to take place in the instruction court. But what is the judicial summons of investigated?, or better What is a investigated?. To resolve these issues, we will have the advice of JAVIER and MANUEL RINCÓN BERNAL, (Directors of RINBER ABOGADOS PENALISTAS), considered among THE BEST CRIMINAL LAWYERS IN SPAIN.
What is an investigated?, How is the statement of investigated?.
the figure of investigated, inside of the right procedural penal, is what we previously knew as denounced. The denounced before, now called investigated. Is the same.
It is an unpleasant drink, to find a communication from the SCAC, (Common Service of Communication Acts), (So, at least they do it in the Courts of MADRID, GRENADE, CORDOVA, JAEN, MALAGA, including those from towns like: TORREMOLINOS, FUENGIROLA, ANTEQUERA and VELEZ MALAGA).
Once you have received that subpoena from the SCAC, it is your turn to go to the Palace of Justice (let's say, for example, the MALAGA, in Theatinos), let's see, "what the heck is it about", and find yourself with a INVESTIGATED STATEMENT. Surely, we will know what it is about. Whose is it, who may have denounced us, or on the contrary, what "shady" matter we have gotten ourselves into.
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Logically, the first thing we must do, (without a doubt), is to get directly and immediately in contact with a specialist lawyer, (JAVIER and MANUEL RINCÓN BERNAL, (Directors of RINBER ABOGADOS PENALISTAS) affirm us, considered among THE BEST CRIMINAL LAWYERS FROM SPAIN). The judicial statement 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 proceeding. But, as in everything in life there is TRICKS. Yeah. TRICKS.
INVESTIGATED STATEMENT. TRICKS. TIPS.
This is perhaps the part you don't like the most. When we talk about TRICKS and TIPS with which to face the INVESTIGATED STATEMENT. For this, we have the advice of JAVIER and MANUEL RINCÓN BERNAL. We put these TRICKS, which we are going to discuss, into practice in the Courts that we most often attend, (not surprisingly, WE WORK IN ALL INSTRUCTION AND CRIMINAL COURTS of SPAIN), which are MADRID, GRENADE, CORDOVA, JAEN, MALAGA, including those from towns like: TORREMOLINOS, FUENGIROLA, ANTEQUERA and VELEZ MALAGA).
It happens that on many occasions the INVESTIGATED STATEMENT, occurs without the person under investigation having been notified of the complaint or complaint. IN other cases, it usually occurs in the Courts to which we have referred before, (MADRID, GRENADE, CORDOVA,JAEN, MALAGA, TORREMOLINOS, FUENGIROLA, ANTEQUERA and VELEZ MALAGA), WHO MAKE YOU DELIVERY OF THE COMPLAINT OR COMPLAINT, MOMENTS BEFORE ENTERING THE INVESTIGATED STATEMENT. NOT TO TALK ABOUT THAT!!
We, in our habitual practice, (JAVIER and MANUEL RINCÓN BERNAL affirm), we usually advise our client to avail himself of his right not to make a statement, and we record for 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 to do things in a "hadty" way. As we said before, NO TALK ABOUT THAT!! On other occasions, what it is about is to "hide" certain aspects that do not suit us, or for example, to avoid, in some way, "uncomfortable questions".
In these cases, we usually advise the client, that either, they only answer our questions, or they only answer our questions, and those of the Judge, refusing in any case, to answer the questions of the private prosecution, (which is the one that the victim is going to exercise), or, where appropriate, those that the public prosecutor/prosecutor intends to formulate.
In a judicial statement as an investigated, the accusations are going to give you nothing, and they are going to try to ask you tricky questions, with the intention of catching you. Well, if you can avoid tripping, then better, don't you think? Those are the tips we can give you.
WAYS TO DECLARE AS INVESTIGATED?
The two main ways of DECLARATION AS INVESTIGATED, they come to be two. The first of these would be POLICE SUMMONS AS INVESTIGATED, (formerly called POLICE SUMMONS AS DEFENDANT), and his own COURT SUMMONS INVESTIGATED. What differentiates them is the organ 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 the SUMMONS AS INVESTIGATED. Be that as it may, it happens very, very badly when the call or summons is received, because they are never usually to give you good news. Rather the contrary, to endorse you, (what is colloquially called), a "brown".
DECLARATION OF INVESTIGATED PREVIOUS DILIGENCES
The PRELIMINARY INQUIRIES they are in themselves, the way of naming criminal judicial proceedings. every time a TRIAL COURTopening criminal proceedings against someone, opens, (We could say), (if the example allows us), "a folder", "a dossier" against that person, where all the documents that make up that file are introduced. Well, that file is called PRELIMINARY INQUIRIES, which are accompanied by a number, a bar and a year.
For example, PRELIMINARY INQUIRIES number 01/2021, of the Examining Court number X. Well, with that numbering we can perfectly identify the procedure in question of our client, as well as the TRIAL COURT who is aware of the matter. Well, explained what are the PRELIMINARY INQUIRIESNow it's time to comment, which is in itself the STATEMENT OF INVESTIGATED IN PRELIMINARY INQUIRIES.
Good. The Judge, possibly, has received a police report. In such a way, that in that report, a person is accused of participation, "allegedly" in some criminal acts. Well, received the report and opened the corresponding PRELIMINARY INQUIRIES, the Judge establishes a day and an hour, so that the INVESTIGATED appear in court presence to provide STATEMENT about the facts in question.