Can we refuse a summons by the police or the gendarmerie?

You may be summoned by the police or gendarmerie for the following reasons:

• Testify on facts that you may have witnessed
• Testify and give information about an individual in an ongoing criminal investigation
• To be auditioned as a victim to describe the circumstances of a offense, to be confronted to the suspect, complete your statement
• Being heard as a suspect (also called defendant or accused) for a offense whether you have committed or as a result of complaint filed against you
• Submit a document (for example, your driver's license in case of suspension following a court decision)
• Provide you with court documents (summons before a criminal judge, notification of a criminal decision).

You can be summoned by post sent by post, delivered by hand to your home or workplace or by phone.

The place, date and time of convening are indicated to you.

Hearings are most often held at police station or to the gendarmerie brigade.

The summons allows you to question yourself as part of an investigation.

The suspect (defendant or accused) is questioned in free hearing or under the custody.

The victim is questioned in simple hearing as the witness.

If you cannot attend the summons for a legitimate reason (hospitalization, business travel...), you must notify the police or gendarmerie services. They can agree to postpone the summons or refuse it.

If you do not attend the summons, the judicial police officer can constrain to appear before the police. He must obtain the authorization of the public prosecutor. The police or gendarmerie can pick you up from your home or workplace.

If a person suspected of having committed a crime or an offense punishable by at least 3 years' imprisonment does not attend the summons, the public prosecutor may issue a research mandate. This search warrant allows investigators to forcibly enter the suspect's home between 6 a.m. and 9 p.m.