Court Summons in Argentina: What to Do (and Not Do) Before You Appear
Updated: 09/01/2026 · Coverage: Buenos Aires City (CABA) and Province of Buenos Aires · Statutory sources
Criminal defence lawyers for court summonses, formal statements and judicial questioning in Buenos Aires City (CABA) and the Province of Buenos Aires.
Receiving a summons causes fear and confusion. The first thing to establish — before you attend and before you say anything — is whether you are being summoned as a witness or as an accused person: it completely changes what you can do, what you should say and the real risk you face. Once that is clear, we review the case file, define a strategy and accompany you at every step.
5-step checklist (before you attend or make a statement):
- Verify the summons: case number, prosecutor's office or court, date, time and means of notification.
- Confirm your status: witness vs. accused — it changes everything.
- Do not make any statement or try to "clarify things" without legal defence.
- Review the case file: your defence lawyer must read the complaint and evidence before the hearing.
- Agree on a strategy: decide whether to make a statement or exercise the right to silence, and how to appear.
If there is a detention or an emergency at a police station: go directly to 24-hour Bail & Release.
Never forget: "anything you say can and will be used against you"
If you receive a judicial notification, a police summons or contact from a prosecutor's office in Buenos Aires City (CABA) or the Province of Buenos Aires, your instinct may be to go and "clear things up". More often than not, that impulse makes everything worse.
During the investigation stage (or IPP — preliminary criminal investigation — in the Province), every phrase can be used to build hypotheses or identify contradictions. If you are summoned to make a statement as an accused person, it is because a relevant suspicion already exists against you.
Before making any statement or attending a hearing where you could be treated as an accused person, the correct course of action is to engage strategic criminal defence:
- Appoint a defence lawyer to access the case file and formally accept the brief in the proceedings.
- Review the case file (complaint, evidence, expert reports) before giving your version of events. Without knowing what is attributed to you and on what basis, you cannot mount a proper defence.
- Exercise the right to remain silent if strategy requires it (silence does not imply guilt). Sometimes the smartest move is to say nothing.
Technical distinction by jurisdiction: in the federal justice system seated in Buenos Aires City (CABA), formal judicial questioning is governed by Art. 294 of the CPPN (National Code of Criminal Procedure). In the Province of Buenos Aires, the equivalent is the accused's statement under Art. 308 of the CPPBA. In both cases the practical recommendation is the same: do not make any statement before reviewing the case file. (You can also see our Coverage Areas).
Risk of detention?
Some summonses can be the precursor to a coercive measure. Following a hearing, the prosecutor may request restrictive measures and the judge may rule accordingly.
When assessing coercion (apprehension, arrest or pretrial detention), the following factors are typically considered:
- Risk of flight.
- Ties to the community (address, employment, family).
- Expected sentence.
- Procedural conduct (prior failures to appear).
- Risk of obstructing the investigation.
In certain cases it may be worth filing a pretrial release motion (eximición de prisión) in order to remain free during proceedings.
Common types of court summons
Accusation and rights notification
This is the formal notice that you are an accused person (imputado): the prosecutor will inform you of the charges against you and the evidence held. In Buenos Aires City and federal courts, Arts. 72 and 73 of the CPPN apply. In the Province, Art. 60 of the CPPBA governs.
Formal judicial questioning (indagatoria / accused's statement)
This is the most important act of defence. In Buenos Aires City (federal courts) it is the indagatoria (Art. 294 CPPN); in the Province it is the accused's statement (Art. 308 CPPBA). Preparing this hearing with a criminal defence lawyer is essential.
Witness summons
If you are summoned as a witness, you are obliged to tell the truth. Important: prosecutors sometimes summon as a witness someone they actually suspect as the perpetrator. If you have any doubt, consult us before you attend. To find out about courts and prosecutors' offices by area, see here.
Search and seizure
If the police arrive with a search warrant, do not resist — but demand to see the warrant. Call your lawyer immediately to control what is seized and how the official record is drawn up. (See the Search & Seizure Guide)
Looking for a specific court or prosecutor's office?
Direct access to local guides with telephone numbers, addresses, specialisations and other useful information.
Frequently asked questions
Received a court summons and not sure what to do?
Do not let time pass. The first thing you need to do is speak with a lawyer who can explain the implications and risks. If you are an accused person, you could be detained after making your statement. If you are a witness, you cannot lie or withhold information. Do not improvise — get proper legal advice.
If the emergency involves a detention: go to 24-hour Bail & Release.
Statutory sources (current text)
For transparency and verification, we provide links to the official texts. We can advise you on exactly where to find the applicable article for your jurisdiction and specific situation.
- National Code of Criminal Procedure (CPPN) — current text (see "Art. 294")
- Federal Code of Criminal Procedure (CPPF) — current text (see "Art. 254")
- Province of Buenos Aires Code of Criminal Procedure (Law 11,922) — current text (see "Art. 60" and "Art. 308")
