Witness Privilege in Den Haag
In Den Haag, the witness privilege offers crucial protection under Dutch criminal law. Witnesses may refuse to answer questions if the responses could implicate themselves, family members, or housemates in criminal offenses, particularly in cases before the Rechtbank Den Haag.
Legal Basis for Witness Privilege
Article 171 of the Code of Criminal Procedure (Sv) governs this right: "The witness need not answer questions that could involve himself, his spouse, blood or affinal relatives in the direct line or second degree collateral, or housemates in a criminal offense." This is an exception to the duty to testify under Article 170 Sv. At the Rechtbank Den Haag, the judge or examining magistrate assesses whether the claim is valid; reasonable suspicion is sufficient, and no proof is required.
This applies exclusively to criminal proceedings, not to civil or administrative cases at the Den Haag court.
When to Invoke Witness Privilege in Den Haag?
You can invoke this right in cases of concrete risk of criminal liability for:
- Yourself: Personal exposure.
- Spouse (married or registered partner).
- Direct family: Parents, children, grandparents.
- Collateral second degree: Siblings, parents-in-law.
- Housemates: Cohabitants, regardless of family ties.
Only criminal offenses qualify; minor violations do not. The Rechtbank Den Haag tests for a 'non-imaginary' risk.
Examples from Den Haag Practice
Example: In a drug case at the Rechtbank Den Haag, police ask: "Did you smoke weed at your sister's place in the Schilderswijk?" If your own use is criminal, invoke Article 171 Sv.
Or in a violence case: As the partner of a suspect, if you fear revealing your role in stealing goods – the privilege applies.
Commonly seen in family matters like domestic violence in Den Haag neighborhoods.
Differences with Other Rights
Overview:
| Right | Statute | For Whom | Protection |
|---|---|---|---|
| Witness Privilege | Art. 171 Sv | Witnesses | Self, relatives, housemates vs. incrimination |
| Professional Privilege | Art. 169 Sv | Lawyers, doctors, journalists | Professional secrets |
| Suspect's Right to Silence | Art. 29 Sv & ECHR art. 6 | Suspects | Full right to remain silent |
More on perjury and right to silence.
Rights and Duties of Witnesses
Rights:
- Refuse to answer incriminating questions.
- Seek advice from Juridisch Loket Den Haag or a lawyer (often permitted).
- No penalty if the claim is justified.
Duties:
- Answer non-incriminating questions (risk of perjury, Art. 207 Sr).
- Notify the judge in timely manner.
- Provide honest motivation without details.
No valid claim? Coercion or penalty (Art. 287 Sr) may apply at the Rechtbank Den Haag.
Frequently Asked Questions
Can I invoke the privilege without a family tie to the suspect?
Yes, for yourself or a housemate, regardless of connection to the suspect.
Answered accidentally?
No take-backs, but no obligation to continue. Consult Juridisch Loket Den Haag beforehand.
Applies to police in Den Haag?
Yes, all interrogations (Art. 171 Sv). Police must inform you.
Proof required?
No, reasonable suspicion suffices; the judge decides.
Tips for Witnesses in Den Haag
Preparation:
- Visit Juridisch Loket Den Haag for free advice (Laan van Wateringsveld 407).
- List protected persons.
- Practice safe responses.
- Request a break for legal advice at the Rechtbank Den Haag.