In certain criminal cases in the Zoetermeer region, witnesses can remain anonymous to protect them against possible threats or reprisals. However, this can limit the rights of the defendant, as direct confrontation is not possible.
When is anonymity permitted?
A witness can remain anonymous under the following conditions:
- There is serious fear for the safety of the witness.
- The witness does not feel free to testify openly without anonymity.
- 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 has the opportunity to submit questions in writing.
Fully anonymous witness (article 226a CCP)
The witness is examined by the examining magistrate, during which voice and appearance may be altered. The defendant only hears the content of the statement, without knowing who the witness is.
Extra protected witness
In cases related to terrorism or serious organised crime, such as in cooperation with the AIVD, a witness can receive even stricter protection.
Evidentiary value of anonymous statements
A conviction may not be based solely or primarily on statements from anonymous witnesses. There must always be supporting evidence, such as documents or other testimonies.
Compensatory measures for the defence
To compensate for the limitation of defence rights, the following rules apply:
- The defence can submit written questions for the witness.
- The examining magistrate assesses the reliability of the statement.
- The judge must provide extra thorough reasoning for his judgment.
Legal Assistance in Zoetermeer
For questions about criminal cases and anonymous witnesses in the Zoetermeer region, you can contact the Juridisch Loket Zoetermeer. In addition, cases in this region fall under the District Court of The Hague.
Frequently asked questions about anonymous witnesses
When can a witness remain anonymous?
A witness can remain anonymous if there is danger to their safety, if the witness does not feel free to speak, or in cases of serious crimes. The judge decides on this.
What is the difference between partially and fully anonymous?
In the case of partially anonymous, the judge knows the identity, but the defendant does not. In the case of fully anonymous (article 226a CCP), the witness is heard shielded by the examining magistrate, with distorted voice or appearance.
Can a conviction be based solely on anonymous statements?
No, there must always be supporting evidence. A conviction may not primarily rely on anonymous statements.
How can the defence respond to an anonymous witness?
The defence can pose written questions via the examining magistrate. In addition, the judge assesses the reliability of the witness.
What does an extra protected witness mean?
This concerns witnesses in cases such as terrorism or serious organised crime, where their identity remains completely secret, even from the judge, to ensure their safety.