A summons naming you as a defendant means you are required to attend a criminal investigation hearing. If it names you as a witness, you are summoned as a witness instead (Code of Criminal Procedure, Art. 175); see the witness-summons guide. A defendant properly summoned who fails to attend without a valid reason may be brought in by warrant (Art. 75). Investigations are not public, but counsel may attend prosecutors’ questioning, take notes, and state an opinion, subject to statutory restrictions (Art. 245(1)–(2)). Depending on the evidence and statutory conditions, prosecutors may indict, decline to prosecute, or defer prosecution (Arts. 251, 253, and 253-1). A complainant who objects to non-prosecution or deferred prosecution generally has ten days after receiving the disposition to request reconsideration, subject to exceptions (Art. 256).
What does a prosecutor’s summons mean?
A summons is a formal document requiring attendance before a prosecutor or court. It must identify you, the case, the date, time, and place, and warn that failure to attend without a valid reason may result in being brought in (Art. 71(2)). A summons during investigation is signed by the prosecutor (Art. 71(4)).
If the summons lists your status as “defendant,” prosecutors are investigating a suspected offense involving you. It reflects a formal investigation, but does not establish guilt.
Can I miss the hearing?
Do not ignore the summons. A properly summoned defendant who fails to appear without a valid reason may be brought in (Art. 75). If serious illness or another substantial event prevents attendance, contact the handling division promptly in writing, explain why, and confirm whether the date can be changed.
What happens at an investigation hearing?
The investigation is generally not public (Art. 245(1)), so attendance by observers is restricted. The prosecutor questions you about the case described in the summons. You must be given a chance to respond to the alleged offense. If you offer an explanation, the prosecutor must ask you to give a continuous account of the events; if you state facts favorable to you, the prosecutor must ask you to identify how they can be proved (Art. 96). You may bring written material to support your account; prepare it so each document connects to a fact you need to establish.
Can counsel attend and speak?
Yes. Defense counsel may attend questioning by a prosecutor or prosecutorial affairs officer, take notes, and state an opinion (Art. 245(2)). Attendance may be restricted or prohibited on specific statutory grounds, such as risks to state secrets, evidence, witnesses, others’ reputation, or the order of the investigation; reasons must be recorded (Art. 245(2)–(3)). Counsel must be notified of the questioning date, time and place, except in urgent circumstances (Art. 245(6)).
被告或犯罪嫌疑人之辯護人，得於檢察官、檢察事務官、司法警察官或司法警察訊問該被告或犯罪嫌疑人時在場，並得筆記及陳述意見（刑事訴訟法第245條第2項本文）。
Unofficial English summary (not an official translation): Article 245(2) allows defense counsel to be present, take notes, and state an opinion during questioning by prosecutors, prosecutorial affairs officers, or judicial police, subject to the stated statutory exceptions.
Will I be in the same room as the complainant?
That depends on the prosecutor’s arrangements and the case. When a victim is questioned during investigation, the prosecutor may, on request or on their own initiative, consider the case and the victim’s condition and use screening facilities to separate the victim from the defendant or others (Art. 248-3(2)). There is no single arrangement for every case.
What outcomes are possible?
After investigation, a prosecutor who considers the evidence sufficient to suspect that an offense was committed must bring a public prosecution (Art. 251(1)). For offenses within the scope of Article 376(1), the prosecutor may decide that non-prosecution is appropriate after considering the factors in Criminal Code Article 57 (Art. 253). For an offense that is not punishable by death or life imprisonment and does not carry a minimum sentence of at least three years, the prosecutor may, after considering those factors and the public interest, defer prosecution for one to three years (Art. 253-1(1)); the limitation period is suspended during deferral (Art. 253-1(2)). The result depends on the facts, evidence, and prosecutor’s assessment; none can be promised in advance.
What if a complainant disagrees with the disposition?
After receiving a non-prosecution or deferred-prosecution disposition, a complainant may usually submit written reasons within ten days and request reconsideration through the original prosecutor to the head of the directly superior prosecutors’ office or the Prosecutor General. If the complainant previously agreed to a disposition under Article 253 or 253-1, reconsideration is unavailable (Art. 256(1)). The served disposition must state the deadline and where the request should go (Art. 256(2)).
When should I seek legal advice?
Consider consulting before the hearing if your status or the allegation is unclear, you need to prepare documents or an account, or you want counsel present. The outcome depends on the facts and evidence. This guide is general information, not advice for an individual case.