Summoned by the Cybercrime Unit: Your First Statement as a Suspect

Being summoned by the cybercrime units of the Civil Guard (the GDT) or the National Police naturally causes anxiety, especially when you do not see yourself as the author of any fraud. It is worth being clear about what it means and, above all, how to approach the first statement, which often shapes the rest of the proceedings.

What the summons means

The summons means you appear as an investigated person in a cybercrime case —typically computer fraud, online fraud or the role of money mule— and that a statement will be taken. It is not a conviction or an arrest. It is an investigation stage in which the law grants you full defence rights. Your account, IP or device appearing in the investigation does not equal authorship: the proceedings must clarify your position.

Your rights as an investigated person (Art. 118 LECrim)

• To be informed of the facts attributed to you before testifying.
• To remain silent and not to testify against yourself or admit guilt.
• To appoint a lawyer of your choice and to a private consultation before the statement.
• Not to answer some or all questions, or to testify only to your defence's questions.

Why the first statement decides almost everything

The first statement fixes a version that is very hard to correct later. An improvised explanation, given without knowing what the police file contains, may close off defence lines or unintentionally provide damaging information. That is why the choice between testifying or remaining silent, and the content of any statement, must be made after studying the case and the evidence (device extractions, connection logs, bank movements), never on the spot.

What comes next: investigation and possible dismissal

After the statement, the investigating court carries out the necessary steps (computer expert reports, requests to banks and operators) and decides whether there are grounds to continue or whether dismissal is appropriate. An early, well-directed defence can provide the evidence that avoids committal for trial: proving lack of intent, the absence of proof of authorship or the exclusion of digital evidence obtained without safeguards.

What to do if you are summoned

• Do not attend without a lawyer or testify without prior preparation.
• Keep all documentation that explains your situation (job offer, emails, movements, chats), especially if you are an intermediary or money mule.
• Do not contact other suspects or alter devices or accounts: it could be seen as obstruction.
• Appoint a lawyer as soon as possible to study the proceedings and prepare the statement with you.

Cybercrime defence with Alonso Sala

At Alonso Sala, a criminal-defence firm in Madrid (C/ Velázquez 27) with coverage throughout Spain, we assist investigated people from the very first summons: we study the police file, prepare the statement and design the strategy. Read more on computer fraud and cybercrime.