Getting a summons from the police or the administrative authorities can be frightening. You may not always be aware that you have been present at a crime or even committed a crime. What can such a summons cover and what are your rights and obligations in this context?
Quick overview
A summons does not in itself mean that you have been charged or that criminal or misdemeanour proceedings are already underway against you. The police, municipal police or administrative authority can summon anyone who can shed light on important circumstances – for example, to detect a crime or offence, to find the offender or to track down a wanted person or thing. This is regulated by the Police of the Czech Republic in Section 61 of the Police Act, by the municipal police in Section 11 of the Municipal Police Act and by the administrative authority in Section 137 of the Administrative Code.
In general, you are supposed to appear when summoned, but the law also protects your fundamental rights.You can refuse to give an explanation if you would put yourself or a close person at risk of prosecution or punishment for an offence, and you cannot be asked to breach a legal or recognised duty of confidentiality unless you have been duly released from it. You may be entitled to reimbursement of necessary expenses and loss of earnings for proper attendance, but if you ignore a summons without good reason you may be liable to a fixed penalty notice and, in some cases, to be produced. In criminal proceedings, the fine can be up to CZK 50,000, in administrative proceedings it can be up to CZK 5,000 for unjustified refusal to explain and up to CZK 50,000 for failure to appear when summoned.
You can be summoned by the police or brought before them to give an explanation if you can contribute to
You may also be summoned by the municipal authority or its misdemeanour committee to give an explanation.
You will find legal provisions in several legal acts, the main sources being the Police Act, the Municipal Police Act, the Criminal Procedure Code and the Administrative Code.
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Being asked to explain yourself does not necessarily mean that someone suspects you of something. The police or an administrative authority can summon anyone who can tell them more about the matter. For example, you may be summoned because of a theft in the basement of your house. In addition, the phrase “giving an explanation” indicates that the police have a mere suspicion that a crime or misdemeanour may have happened, there are certain circumstances that suggest this, but they need to be investigated further. If criminal or misdemeanour proceedings have already been initiated, then the police will directly summon witnesses to the event or the accused.
You should discover the subject of the explanation from the summons itself, where it is usually stated. Most often, the explanations relate to common traffic offences such as speeding or improper parking.
You should receive the summons in writing and in your own hand. If the explanation is to be given by a child or an incapacitated person, the summons should also be served on the child’s legal representative (guardian).
In general, everyone is obliged to attend to give an explanation. You may only refuse to give an explanation if you could put yourself, your parent, grandparent, child or grandchild, or sibling, spouse or partner or other persons close to you at risk of prosecution or prosecution for an offence.
Tip: We have discussed the definition of the concept of a close person and its legal aspects in our article.
The police must also respect the duty of confidentiality owed by, for example, doctors, lawyers, priests and many other professions. In such a case, an explanation can only be requested if the person in whose interest they have this duty (patient, client, confessor, etc.) has released them from confidentiality, or if they have been released by the competent authority. The police must advise you of the possibility of withholding an explanation in both cases.
If you ignore the invitation without a proper excuse, the police may have you brought before them in criminal proceedings and impose a fine of up to CZK 50,000. In administrative proceedings, failure to appear at a summons can result in a fine of up to CZK 50,000, but the upper limit for refusing to give an explanation without good reason is CZK 5,000.
However, if there are no serious reasons, you may be liable to be summoned. The law enforcement authorities (police) will take you to court. The court will usually order a summons if someone fails to appear and defend their absence.
Hint: The police or municipality may either specify a specific date in the summons (i.e., Wednesday, May 11 at 3 p.m.), or they may specify only a time frame (e.g., appear no later than five days after receipt of the summons). This may give you sufficient time to find a convenient date.
If you give an explanation, you are entitled to reimbursement of necessary expenses, travel costs and loss of earnings. The exception is for those who are only appearing in their own interest or because of their own wrongdoing. However, do not delay too long in making a claim; if you do not come forward within seven days of giving your explanation, it will lapse.
If a person under the age of fifteen is giving an explanation, then their parent (or other legal guardian or custodian) must be present. In urgent cases, this condition can be legally “circumvented” by the presence of a child welfare officer.
When giving an explanation, you will be asked about all the circumstances relating to the matter under investigation. Let’s say you have reported the theft of your own bicycle. The police will then ask you about the make and type of bike, how it was secured, who had access to it, its value, when you found out about the theft and so on. If you have an idea of what you will be asked, you can also prepare the necessary information in advance (warranty card with the type of product, proof of payment with the amount of the price, etc.).
If you wish to have a lawyer present when you give your explanation, his/her presence should be limited to legal assistance only. He or she is not acting as a lawyer at the moment and must not interfere in the course of the explanation, for example by asking questions or demanding to be present at other acts in which you, as the person giving the explanation, are not taking part. The presence of a lawyer is not necessary if, for example, you go to give an explanation because you were present at a crime or offence. However, if you are facing a charge of a (more serious) criminal offence, then it is indeed very advisable to consider whether not to invite one. You can consult with him during the explanation and he may also, on the basis of his experience, suggest further evidence etc.
You are obliged to tell the truth and not to conceal anything when giving an explanation (unless you are a suspect). You may also be liable to a fine of up to CZK 50,000 for the offence of perjury.
The police officer or the officer present will make an official record of the explanation, which he or she will then give you to read and sign. Do not be afraid to have some information that was not recorded accurately corrected. They may be relevant to any criminal proceedings. If the official record is signed by you, you are entitled to a copy of the record.
As we have already indicated above, giving an explanation and questioning a witness may be very similar in content, but they differ in terms of the stage at which the criminal or misdemeanour proceedings are at. It is therefore possible that you may be summoned more than once for the same matter. In fact, the law expressly excludes the record of the content of the explanation from being used as evidence in court proceedings. Therefore, the record cannot be read out in the main trial or confronted by the accused.
There is, however, one exception, where the law allows a person’s statement to be ‘in the nature of an urgent or non-repeatable act’ and may therefore be heard as a witness before the criminal proceedings. This always applies to persons under the age of eighteen and to persons whose mental state casts doubt on their ability to perceive correctly and completely. The law also allows for other situations in which persons may be questioned as witnesses in this way. In such a case, such an act must also be carried out in the presence of a judge.
Giving an explanation is the process of being asked by the police or an administrative authority to clarify circumstances relevant to the investigation of a crime or offence or to trace persons or things. It is your legal obligation to appear to give an explanation – failure to appear without a proper excuse can lead to a fine of up to 50,000 CZK or to being brought before the police. You have the right to have a lawyer present when you give your explanation (but he or she must not interfere with the questioning) and you can refuse to give evidence if this could lead to prosecution of yourself or a person close to you. If you have serious reasons for not attending, it is advisable to apologise and arrange an alternative date.
Hint: Urgent and non-repeatable criminal proceedings do not have to be about giving an explanation. They can be, for example, the carrying out of wiretaps, the autopsy and exhumation of a corpse, the taking of blood, etc. It is clear from the nature of these matters that to wait several weeks to initiate criminal proceedings would, in the vernacular, be to come up with a cross to bear. In the context of the questioning of persons, this may involve (in addition to the groups of persons mentioned above, for whom such a procedure is always prescribed), for example, a seriously or terminally ill person, a person going abroad for a long period of time, or a person of very advanced age.
Often, the submission of an explanation serves only to verify the circumstances before the proceedings are initiated or to clarify the facts. A person may also be summoned if he or she is only a witness to the circumstances or has partial information on the matter.
Yes, but only in the cases provided for by law. In particular, you can refuse to give an explanation if you would put yourself or a loved one at risk of prosecution or punishment for an offence. Similarly, the duty of confidentiality is protected, for example for lawyers, doctors or clergymen, unless it has been properly lifted.
In criminal proceedings, a person who has been duly summoned to give an explanation and fails to appear without sufficient excuse may be brought before the court and may be fined up to CZK 50 000. In administrative proceedings, failure to appear at a summons may result in a fine of up to CZK 50 000; the upper limit for unjustified refusal to explain is CZK 5 000. In the case of municipal police, the law also explicitly allows for a demonstration.
Yes, you can get legal aid. But it is good to remember that giving an explanation is not the same as questioning the accused or a witness in the main trial. If there is a risk that the situation could turn against you, it is often wise to have a lawyer present at this stage. In addition, the record of the explanation can be used by the prosecutor and the accused to consider whether the person should be questioned later as a witness
In criminal proceedings, yes, but only if the official record of the explanation is signed by you and you ask for a copy. The Code of Criminal Procedure expressly provides for this in section 158(6). At the same time, such an official record cannot be used arbitrarily as ordinary evidence in court, but only under the conditions laid down by law.
Have you received a police summons? Do you not know exactly what it relates to and do you think that you will somehow make yourself more difficult during the interrogation? Don’t leave anything to chance and consult a lawyer beforehand.
Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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