Subpoenaed as a Witness in a Trial: What Now?

When a person is subpoenaed as a witness in a trial, it is essential to understand both their rights and obligations within the judicial process. The role of a witness is crucial, as their testimony can significantly influence the development of the trial and the resolution of the case. In this article, we will explain what happens if you are subpoenaed as a witness in a trial and what you should know about it, based on the current legislation and citing relevant sources from the Official State Gazette (BOE).

What Does It Mean to Be Subpoenaed as a Witness?

Being subpoenaed as a witness means that a person must appear before the court to testify about facts or circumstances they know that may be relevant to the case. It is a formal act within the judicial process that seeks to clarify the facts of a trial and assist the judge in making decisions.

The subpoenaing of witnesses is regulated by Article 417 of the Criminal Procedure Act (LECrim), which states that “the witness is obliged to appear before the court that subpoenas them.” The subpoena may be issued by the judge, the prosecutor, or the parties involved in the process, and must be done within the time and manner established by law.

Witness Rights

Being a witness in a trial comes with several rights that must be respected to ensure a fair and balanced process. These rights include the following:

1. Right to Identity Protection: In cases where the witness may be at risk of retaliation, the judge may take measures to protect their identity, such as allowing them to testify behind closed doors or via videoconference.
2. Right Against Self-Incrimination: The witness has the right not to testify against themselves. In a criminal case, a witness cannot be forced to testify against their own interests.
3. Right to Be Informed of the Obligation to Appear: The witness has the right to be informed about their obligation to appear in court, as well as the consequences of failing to do so. The subpoena must be delivered in advance.
4. Right to Be Treated with Respect and Dignity: The witness has the right to be treated respectfully throughout the judicial process, without being subjected to undue pressure or mistreatment.

Witness Obligations

Just as there are rights, being a witness also comes with certain legal obligations. Some of the most important obligations include:

1. Obligation to Appear: The witness is required to appear on the date and at the place established in the subpoena. Failing to appear may have legal consequences, including the possibility of being fined or even detained if they are considered to be evading justice (Article 417 of the Criminal Procedure Act).
2. Obligation to Tell the Truth: The witness is obligated to tell the truth. If it is discovered that the witness has lied or concealed relevant information, they may be charged with the crime of perjury (Article 458 of the Penal Code). Giving false testimony can result in prison sentences ranging from one to three years.
3. Obligation Not to Conceal Relevant Facts: In addition to telling the truth, the witness must inform the court of any facts they know that are relevant to the case. Concealing essential information may be considered an obstruction of justice.
4. Obligation to Attend Questioning: The witness must respond to questions from the judge, the prosecutor, and the parties involved, always within the limits set by law. If the witness does not know or remember certain information, they are obligated to state so.
5. Obligation to Be Punctual: It is important for the witness to arrive on time for their judicial appointment. Lack of punctuality may delay the trial and, in some cases, cause issues in the development of the process.

Consequences of Failing to Fulfill Witness Obligations

The Criminal Procedure Act establishes that if a witness fails to appear at the subpoenaed time, they may be fined up to 12 months of salary (Article 416 LECrim). In more severe cases, such as nonappearance without justification and evading justice, the witness may be detained and brought before the court.

Additionally, if a witness fails to fulfill the obligation to tell the truth, they may be accused of perjury, which carries prison sentences as established in Article 458 of the Penal Code.

What Happens If I Am Subpoenaed as a Witness in a Criminal Trial?

In criminal trials, witnesses are essential for clarifying the facts. Being subpoenaed as a witness in a criminal trial requires the individual to testify about facts they know related to the crime. In this context, the witness may be questioned by the parties, the prosecutor, and the judge. In some cases, if the witness is related to the accused, their testimony may be considered evidence for or against the defendant.

Conclusion

Being subpoenaed as a witness in a trial is an important legal and social responsibility. Understanding the rights and obligations involved is crucial to ensure the proper conduct of the judicial process. If you are subpoenaed as a witness, make sure to comply with all established regulations, tell the truth, and attend hearings punctually. In doing so, you will contribute to the clarification of the facts and the proper functioning of the justice system.