A crown witness is a suspect or convicted person who shares information about others' criminal activities in exchange for a sentence reduction. This arrangement is mainly applied in serious forms of organized crime.
Definition of a Crown Witness
According to articles 226g-226k of the Code of Criminal Procedure, a crown witness is someone who is willing to testify about others' crimes. In exchange, he or she may claim:
- A sentence reduction of up to 50%
- In some cases, participation in a witness protection program
Conditions for the Arrangement
- The case involves serious crimes with a minimum custodial sentence threat of 4 years
- The testimony must be crucial for the ongoing investigation
- The agreement is concluded by the public prosecutor and approved by the College of Procureurs-Generaal
- A examining magistrate assesses the legality of the deal
Application to Which Crimes?
The crown witness arrangement is often deployed in cases such as:
- Murder and assassinations
- Large-scale drug trafficking
- Arms trafficking
- Human trafficking
- Terrorist activities
Reliability of the Testimony
The statements of a crown witness are viewed with caution, because the witness benefits from a sentence reduction. Corroborating evidence, also known as supporting evidence, is therefore necessary to substantiate the statement.
Protection Measures
Crown witnesses are often targets of threats. Therefore, they may be included in a protection program that includes, among other things:
- Assuming a new identity
- Relocation, sometimes to another country
- Continuous security
Controversial Cases
In the Netherlands, the crown witness 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 arrangement.
Frequently Asked Questions about Crown Witnesses
How does the crown witness arrangement work?
The arrangement offers a suspect or convicted person a sentence reduction (up to 50%) in exchange for valuable information about crimes. The public prosecutor enters into an agreement, which is approved by the College of Procureurs-Generaal and reviewed by an examining magistrate. This applies only to serious crimes with a sentence 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. Moreover, their statement must be of great importance to the investigation. The public prosecutor ultimately decides on participation.
How reliable are statements from crown witnesses?
The reliability is always critically assessed, because the witness gains an advantage from the sentence reduction. Judges accept the statement only if there is supporting evidence, such as physical traces or other testimonies.
What if a crown witness tells untruths?
If a crown witness lies or withholds information, the agreement may be terminated. This means that the sentence reduction lapses and the witness may be prosecuted for perjury or making false statements.
What protection does a crown witness receive?
Due to the high risks, crown witnesses can receive a new identity, relocate (possibly abroad), and receive round-the-clock security through the Witness Protection Service. These measures are often permanent.
Relevant Institutions in Leiden:
District Court: District Court of The Hague, Leiden Location
Legal Aid Office: Legal Aid Office Leiden, Stationsweg 46