Called as a witness in a criminal case?
If you are called as a witness in a criminal case, there are several rights and obligations that you should consider. When the police ask you to make a statement, you have the option to refuse. This refusal is usually recorded in the criminal record. Eventually, however, you may still be called to appear as a witness before the court or tribunal. This can happen both at the judge(s) hearing the case as with the magistrate judge, also known as the investigating judge.
Witness is required to appear
If you receive a summons to testify in court, you are required to appear. If you fail to show up without a valid reason, the judge may decide to have the police pick you up, a measure also known as hostage-taking.
Witness is required to testify truthfully
As a witness, you are required to testify truthfully about what you have seen, heard or experienced. Making a false statement is punishable and can lead to prosecution for perjury. Basically, you must answer the questions asked of you.
Right of concealment?
However, there are exceptions to this obligation. Certain persons can invoke the right to privilege, which gives them the right to refuse to testify. This applies, for example, to family members of the accused, such as spouses, registered partners, parents and children, as well as persons with professional confidentiality, such as doctors, lawyers and clergy. Even if you might incriminate yourself by answering, you have the right to remain silent.
If you fear for your safety as a witness because of threats or intimidation, you may request protective measures from the prosecution and/or the judge. During your testimony, you also have the right to be assisted by an attorney. After making your statement, you have the opportunity to read back your statement and have it corrected if you believe something is incorrect.
Expense allowance as a witness?
Furthermore, you are entitled to an expense allowance if you have to come to court. This reimbursement can cover travel expenses, any lost time expenses (loss of income due to missed work hours) and other expenses incurred.
Need lawyer for witness examination?
If you have questions or doubts about your rights or obligations as a witness, it is wise to seek legal advice. A lawyer at Kötter, L'Homme & Plasman Attorneys at Law can provide you with detailed information about your specific situation.
If you have any questions about this, please feel free to contact our office. You can send an e-mail to info@klpadvocaten.nl or (during office hours) call 020-6731548. In case of emergency (you or someone you know may soon be arrested), please contact us at our emergency phone number 06-24428734.
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