In certain criminal cases in Utrecht, witnesses can remain anonymous to safeguard their safety against possible retaliatory actions. However, this can limit the rights of the defendant.
When is anonymity permitted?
Anonymity for a witness is considered under the following circumstances:
- There is a real threat to the safety of the witness
- The witness does not feel free to speak openly without protection
- It concerns serious criminal offences
Types of anonymity
Partially anonymous witness
The identity of the witness is unknown to the defendant, but known to the judge. The defence can provide input via written questions.
Fully anonymous witness (Article 226a CCP)
The witness is examined by the examining magistrate, with voice and appearance possibly altered. The defendant receives only the content of the statement, without knowing who the witness is.
Extra protected witness
In cases related to terrorism or serious organised crime, special protective measures may apply, for example for sources of the AIVD.
Evidentiary value of anonymous statements
A conviction may not be based solely or primarily on statements from anonymous witnesses. Corroborating evidence is necessary.
Compensatory measures for the defence
To compensate for the lack of direct confrontation with the witness, the following rules apply:
- The defence can submit written questions
- The examining magistrate assesses the credibility of the witness
- The judicial decision must be thoroughly reasoned
Local information Utrecht
For legal matters regarding anonymous witnesses in Utrecht, you can contact:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht
Frequently asked questions about anonymous witnesses
When can a witness remain anonymous?
A witness can remain anonymous in the event of a serious threat to their safety, if the witness otherwise does not feel free to testify, or in cases of serious crimes. The judge determines whether anonymity is justified.
What distinguishes a partially anonymous witness from a fully anonymous witness?
With a partially anonymous witness, the judge knows the identity, but the defendant does not, and the defence can pose written questions. A fully anonymous witness (Article 226a CCP) is heard in shielded manner by the examining magistrate, with unrecognisable voice or appearance.
Can a conviction be based solely on anonymous statements?
No, a conviction may not rely solely or primarily on anonymous testimonies. There must always be corroborating evidence, such as other statements or technical evidence.
How can the defence deal with an anonymous witness?
The defence can pose written questions, which are handled by the examining magistrate. In addition, the reliability of the witness is checked by the judge.
What does an extra protected witness entail?
This concerns witnesses in exceptional cases such as terrorism, where their identity remains completely secret, sometimes even from the judge, to guarantee their safety.