A summons is the document by which the public prosecutor calls a defendant to appear before the criminal court. Its central element is the charge: the description of what the defendant is alleged to have done, when and where. The court may convict only for what the charge alleges, so the charge defines the entire scope of the trial.
Statutory basis
Article 258 of the Code of Criminal Procedure governs the bringing of a case to trial and article 261 sets the requirements for the charge: a clear statement of the alleged act, with the time and place and the statutory provisions. Article 265 requires the summons to be served at least ten days before the hearing. A charge that is unclear, internally inconsistent or insufficiently specific can be declared void.
How it works in practice
The prosecutor often frames the charge cumulatively or in the alternative, so that the court can convict of a lesser offence if the principal one is not proved. Before the hearing the defence is entitled to the case file and can ask the prosecutor, or the court at a preliminary hearing, to hear witnesses or instruct an expert. Requests made in good time are assessed more favourably than requests made on the day of the hearing.
Where it goes wrong
Summonses are sent to the address in the population register, and defendants who have moved without registering learn of a conviction only when enforcement begins. The appeal period then has long expired, and reopening the case is difficult. A second point is the deadline for requesting witnesses, which precedes the hearing; a request made too late is assessed on a stricter test. Third, defendants who do not appear are tried in their absence, and the court decides on the file alone.
Related terms
Penal order, pre-trial detention and suspended sentence.
Have you received a summons or discovered a conviction in your absence? Our criminal lawyers assess the charge and the deadlines.
