Going to court as a witness
If the court has called you as a witness, then you must cooperate. In this case, if there is no reason not to testify, you can be fined for ignoring the court’s subpoena. The fine is small (usually no more than a few hundred euros), although if the court considers that you have failed to comply with the court order in bad faith, you will be convicted of violating the order of a state administration. This usually does not carry a jail sentence. However, since it is a criminal offense, it will also leave a record under the law.
What happens if a witness lies?
Article 458 of the Spanish Criminal Code states that if a witness makes a false statement, then he or she will be punished for false testimony. In this case, the person faces jail time as well as a fine. In the case of civil disputes (most of them are monetary or life disputes and do not involve criminal offences), the penalty is 6 months to 2 years in prison and a fine of 3 to 6 months. In the case of lying in a criminal case, the penalty is more severe, ranging from 1 to 3 years in prison and a fine of 6 to 12 months.
If the person has no criminal record and the sentence does not exceed 2 years, then it is possible to apply for a suspended sentence.
