A defendant statement is an act of defense, not a routine opportunity to “explain everything.” The right strategy depends on the evidence, the stage of the case, and what your account can actually establish.
If you have been called to give a defendant statement in Córdoba, speaking immediately is not always advisable—and remaining silent is not always the best choice either. You may remain silent, make a prepared statement without answering questions, or give a statement and answer questions. No option is automatically right. You should decide with your defense lawyer after reviewing the alleged facts, the available evidence, and the specific purpose of the statement.
Key point: remaining silent is not an admission of guilt, and making a statement does not guarantee that the case will be dismissed. The decision only makes sense as part of a defense strategy, not as an impulsive reaction.
What is a defendant statement in Córdoba?
A defendant statement—known locally as the declaración del imputado—is primarily an act of personal defense. It is the formal opportunity to learn what conduct is attributed to you, how it may be legally classified, and what evidence exists against you. You may then choose whether to give an explanation, identify evidence, or exercise your right to remain silent.
The Criminal Procedure Code of Córdoba requires your defense lawyer to be present; otherwise, the statement is null. It also prohibits placing you under oath, pressuring or threatening you, or using accusations designed to obtain a confession. Your silence cannot be treated as evidence of guilt.
This is different from an informal interview, a conversation with police officers, or a written explanation sent by message. Anything you say outside a planned defense may enter the investigation in another form and create difficulties that cannot simply be undone by offering a later explanation.
The three available options
1. Remain silent. This means exercising your right not to answer questions about the alleged offense. It may be appropriate when the defense has not yet reviewed enough evidence, part of the investigation remains confidential, the charge requires technical analysis, or speaking immediately could create avoidable inconsistencies. Silence is not a confession and does not prevent you from making a statement later.
2. Make a statement without answering questions. This allows you to present a prepared account, establish a timeline, clarify one point, or identify specific evidence without submitting to questioning. It can be useful when the investigation has overlooked a verifiable fact, but it demands precision: an unnecessarily broad or speculative statement may create new problems.
3. Make a statement and answer questions. This may help when the defense has sufficient knowledge of the case and your answers can explain facts that appear incriminating without context. It may also demonstrate consistency and point to evidence. The risk is that an unexpected question, an imprecise memory, or an unnecessary answer may produce discrepancies that will later be compared with messages, witnesses, expert reports, or other statements.
The choice is not simply about whether you are innocent or whether you “have something to hide.” A person may have a truthful explanation and still need to verify dates, documents, or the exact scope of the allegation before speaking. Preparing a statement does not mean inventing a story. It means preventing mistakes, organizing the facts, and separating what you know from what you assume.
What must you be told before you decide?
Before you make this decision, the authorities must explain in detail the alleged facts, their possible legal classification, and the evidence against you. Article 261 of Córdoba’s Criminal Procedure Code recognizes prior access to that evidence, your right to remain silent without any inference of guilt, and your right to ask your defense lawyer for advice.
During the investigative stage, the parties and their lawyers may examine the case file after the defendant statement, or even before it if the prosecutor or the supervisory judge authorizes access. Article 312 allows the investigation to be kept confidential through a reasoned decision when disclosure could jeopardize the search for the truth. As a general rule, that restriction may not exceed ten days, although the Code permits an extension in specified circumstances.
In practice, timing matters. Deciding after reviewing a substantial part of the file is not the same as deciding when the defense only knows fragments of the evidence. This is why remaining silent may be a temporary decision rather than a permanent position.
The Larocca decision: a statement can open a line of evidence
A 2026 Córdoba decision shows why the defendant statement should not be treated as a formality. In Larocca, Sergio Gabriel p.s.a. Abuso sexual con acceso carnal, the Court of Indictment reviewed a case in which the defendant had referred, during his first act of defense, to an exchange of communications connected to the allegations. Those assertions had not been investigated, verified, or refuted.
In Order No. 1 of February 3, 2026, the court reversed the ruling that would have allowed the case to proceed to trial and found that there were not yet sufficient grounds either to prosecute or dismiss, so the investigation had to continue. The court explained that a defendant statement is both an act of personal defense and a potential source of evidence. When the defendant identifies relevant and useful facts or evidence, the prosecution must examine them with due diligence.
The decision does not require prosecutors to pursue every assertion or every requested measure. The duty to investigate matters raised by the defense is limited to evidence that is reasonable, relevant, useful, and not merely intended to delay the proceedings. But when an unjustified omission prevents a defense theory from being properly examined, the right to be heard risks becoming an empty formality.
The court made another important point. Cases involving violence against women must be assessed with evidentiary breadth and a gender perspective, but those standards do not eliminate due process or the duty to investigate useful circumstances identified by the defense. The two requirements must be applied together, not treated as opposites.
Can you make or expand your statement later?
Yes. Article 266 allows a defendant to make a statement more than once, provided the additional statement is relevant and is not merely dilatory or disruptive. You may therefore remain silent at first and speak later, or expand an earlier statement when new evidence appears or the defense gains access to information that was previously unavailable.
An additional statement does not erase what you said before. The different versions will be compared. Changes in dates, people, locations, or central explanations may be presented by the prosecution as inconsistencies. Your lawyer should therefore identify what new information justifies the additional statement and what point needs to be clarified.
How to prepare a useful statement
Preparation begins with a private chronology of dates, approximate times, locations, people present, and related documents. That chronology must then be checked against the allegations and the known evidence. Remembering the “general idea” is not enough: a message, location record, or receipt may confirm one point but may also show that a time you honestly recalled was inaccurate.
You should also separate three categories: what you personally saw or did, what another person told you, and what you inferred. Mixing them often produces claims that are difficult to support. A strong statement avoids exaggeration, does not fill gaps with assumptions, and identifies specifically where supporting evidence can be found.
Before the hearing, your lawyer should define the purpose of the statement: denying involvement, explaining the context of an act, correcting a factual detail, identifying evidence, or preserving the defense until more of the case is known. Our criminal defense practice in Córdoba focuses on assessing these procedural decisions from the earliest stage of the case.
What happens during the statement?
If you choose to speak, you may explain anything you consider relevant to your defense or clarification of the facts, and you may identify evidence you believe should be obtained. Your account must be recorded in your own words. If you agree to answer questions, they must be clear and precise: they cannot be misleading, suggestive, or asked in a coercive manner.
At the end, the clerk must read the record aloud, and you or your lawyer may also review it. This is not a minor formality. You must verify that the record accurately reflects what you said, that important qualifications were not omitted, and that any correction is included before you sign.
Practical example: an allegation involving threatening messages
Imagine that you are accused because of a voice message sent after an argument. The prosecution has the isolated recording, but you maintain that it forms part of a longer conversation and that earlier messages change the context. Initially remaining silent may give the defense time to obtain and preserve the full conversation. A statement without questions might identify the phone, the dates, and the original file. Answering questions may be useful if the evidence is already available and there is no uncertainty about the sequence.
The same person facing the same allegation may reasonably choose a different strategy at a different stage of the investigation. The goal is not to say more. It is to understand what information will enter the case, how it can be verified, and what risks it creates.
Common mistakes when making a statement
Frequent problems include speaking to release anger, improvising dates, attributing intentions to other people, denying easily verifiable facts, naming witnesses without knowing what they actually observed, submitting incomplete documents, or answering because of pressure from family or social media. Coordinating your account with other people involved is also dangerous: it may be treated as an indication that stories were aligned and may undermine everyone’s credibility.
A defendant statement should not be used to attack the complainant or discuss personal matters unrelated to the allegation. Particularly in domestic or gender-violence cases, focusing on verifiable facts and avoiding stereotypes protects the defense far better than broadly discrediting the other person.
Frequently asked questions
Can remaining silent hurt my case? Silence cannot be treated as evidence of guilt. There may be strategic reasons to speak or not to speak, but remaining silent is a right, not a confession.
Can I make a statement without answering questions? Yes. You may present an account of the facts and identify evidence without agreeing to questioning. Whether this is advisable depends on the purpose of the statement and how much of the case the defense knows.
Can I speak later if I initially remain silent? Yes. Córdoba’s Code allows a defendant to make or expand a statement more than once when doing so is relevant and not merely intended to delay the proceedings.
Must the prosecution investigate everything I mention? It must investigate facts and circumstances that are relevant and useful. It does not have to pursue irrelevant, impossible, or purely dilatory measures.
Do I need a lawyer even if I want to speak voluntarily? Yes. In Córdoba, the presence of defense counsel during this statement is mandatory; otherwise, the act is null.
Maricel Emilse Flamenco is a founding partner of Herrera & Flamenco Abogados. She practices in domestic violence and criminal law, assisting clients in protective proceedings involving violence and in criminal cases of different kinds, with a human-centered approach focused on effective solutions for each matter.
A defendant statement requires a strategy
We can review the allegation, the available evidence, and the stage of the proceedings to help determine how to exercise your defense.
Herrera & Flamenco Abogados · Córdoba, Argentina