A crown witness is someone who, as a suspect or convicted person, shares information about the criminal activities of others in exchange for a reduced sentence. This arrangement is often applied in serious forms of organised crime.
Definition of a Crown Witness
According to Articles 226g-226k of the Code of Criminal Procedure, a crown witness is a person who is willing to testify about the crimes of others. In exchange, he or she can benefit from:
- A sentence reduction (up to 50%)
- In some cases, protection through a special programme
Conditions for the Arrangement
- It must concern serious offences (with a minimum penalty of 4 years)
- The testimony must be crucial to the case
- The public prosecutor enters into an agreement, which is approved by the Board of Procurators-General
- A examining magistrate checks the legality of the deal
Relevant Offences
The crown witness arrangement is mainly used in cases such as:
- Murder and assassinations
- Large-scale drug smuggling
- Arms trafficking
- Human trafficking
- Terrorist activities
Reliability of Statements
The statements of a crown witness are viewed with suspicion, because the witness benefits from a favourable deal. Therefore, supporting evidence, also known as corroborating evidence, is necessary to substantiate the testimony.
Protection Measures
Crown witnesses are often targets for revenge attacks. Therefore, they can gain access to a witness protection programme, which includes, among other things:
- A new identity
- Relocation, sometimes to another country
- Continuous security
Known Cases in the Netherlands
The arrangement has received much attention due to the Marengo trial, in which Nabil B. acted as a crown witness. Tragically, his lawyer and brother were murdered, which underscores the risks of this role.
Frequently Asked Questions about Crown Witnesses in Rijswijk
How does the crown witness arrangement work?
The arrangement offers a suspect a sentence reduction (maximum 50%) in exchange for incriminating statements about others. The public prosecutor enters into an agreement, approved by the Board of Procurators-General, and an examining magistrate assesses the deal. This applies only to serious offences with a penalty threat of at least four years.
Who can become a crown witness?
Only suspects or convicted persons involved in serious crime, such as drug trafficking or murder, are eligible. Their statement must be of great value to the investigation, as assessed by the prosecution.
How reliable are crown witnesses?
The court examines their statements critically, because they benefit from the deal. There must always be supporting evidence, such as documents or other testimonies, to corroborate their words.
What if a crown witness tells untruths?
In the event of deliberate lies, the agreement can be terminated. The sentence reduction then lapses, and the witness risks prosecution for, for example, perjury. The prosecution thoroughly checks the statements.
What protection does a crown witness receive?
In case of danger, a crown witness can receive a new identity, relocate (possibly abroad), and continuous protection through the Witness Protection Service. These measures are often permanent.
Relevant Authorities in Rijswijk: For legal questions on this topic, you can contact the Juridisch Loket Rijswijk. Cases fall under the District Court of The Hague (district).