Summons for questioning – rights of a witness and a suspect

Published: November 2026 · Advocate Krzysztof Tomaszek

A summons from the Police, the prosecutor’s office or a court is often worrying. The first thing to establish is whether you are summoned as a witness or as a suspect, because your rights and duties depend on it.

Check the summons

A summons should state the authority issuing it, the case (reference number), the capacity in which you are summoned, the place and time, and whether attendance is mandatory, together with information on the consequences of not attending.

Witness

• A witness must attend and testify. Testimony must be truthful – giving false testimony is a criminal offence.
• Failure to attend without a valid excuse may result in a disciplinary fine, or even detention and being brought in by force. Absence due to illness is, as a rule, excused only by a certificate from a court-appointed doctor.
• A person closest to the suspect or accused (e.g. spouse, parents, children, siblings) may refuse to testify.
• A witness may decline to answer a question if the answer could expose them or a person closest to them to liability for a criminal or fiscal offence.
• A witness may appoint a representative (an advocate or legal adviser) if their interests in the proceedings so require.

Suspect

• A suspect has the right to refuse to give explanations or to answer individual questions – without giving reasons.
• They have the right to a defence lawyer and, before the first questioning, should receive written information about their rights and obligations.
• They may request that evidence be taken and ask for a written statement of reasons for the decision presenting the charges.
• A person who does not speak Polish sufficiently has the right to a free interpreter.

Practical tips

• Bring an identity document and the summons.
• Answer on the basis of what you know – do not guess or speculate.
• Read the record carefully before signing it; you may ask for corrections.
• If you are unsure about your position in the proceedings, talk to a lawyer before the questioning.