In Utrecht and throughout the Netherlands, the crown witness arrangement plays an important role in tackling serious crime. A crown witness is a suspect who testifies about the crimes of others in exchange for a reduced sentence, often in cases of organised crime.
Definition of a crown witness
According to articles 226g-226k of the Code of Criminal Procedure, a crown witness is someone who shares information about criminal offences of others. In exchange, he or she can benefit from:
- A sentence reduction of up to 50%
- In some cases, protection through a special programme
Criteria for the arrangement
- It must concern serious offences (minimum 4 years' imprisonment)
- The testimony must be crucial to the case
- The public prosecutor draws up an agreement, approved by the College of Procureurs-Generaal
- A examining magistrate checks the legality of the deal
Application to crimes
The crown witness arrangement is often used in Utrecht and elsewhere in cases such as:
- Murder and liquidations
- Large-scale drug smuggling
- Illegal arms trafficking
- Human trafficking
- Terrorist activities
Reliability of statements
The statements of a crown witness are viewed with suspicion, because the witness has an interest in cooperating. Corroborating evidence, such as documents or other testimonies, is therefore necessary.
Safety of crown witnesses
Crown witnesses in Utrecht can expect strict security measures due to the risks they face. This may include:
- A completely new identity
- Relocation to another location, sometimes across the border
- Continuous surveillance
Known cases in the Netherlands
The crown witness arrangement has come under national fire due to incidents such as in the Marengo trial, where family members and the lawyer of crown witness Nabil B. were murdered.
Contact and support in Utrecht
For legal questions about criminal cases or the crown witness arrangement, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht
Frequently asked questions about crown witnesses
How does the crown witness arrangement work?
A suspect can receive a sentence reduction (up to 50%) by testifying about the crimes of others. The public prosecutor draws up an agreement, which is approved by the College of Procureurs-Generaal and checked by an examining magistrate. This applies only to serious crimes with a minimum penalty threat of four years.
Who can become a crown witness?
Only suspects or convicts in cases of serious crime, such as drug trafficking or murder, are eligible. Their information must be of great value to the investigation, and the prosecution decides whether they are suitable.
How reliable are crown witnesses?
The judge critically assesses their statements, because they benefit from sentence reduction. Corroborating evidence, such as recordings or other material, is essential to support the testimony.
What if a crown witness tells untruths?
In the event of deliberate deception, the agreement can be terminated, causing the sentence reduction to lapse. In addition, they risk prosecution for false statements or perjury. The prosecution thoroughly verifies the information.
What protection does a crown witness receive?
Due to the dangers, they can receive a new identity, relocate (sometimes internationally) and receive constant protection via the Witness Protection Service. These measures are often permanent.