Witness Privilege
In Rotterdam, the witness privilege offers crucial protection in criminal cases at the Rotterdam District Court. Witnesses can refuse to answer questions if responses could implicate themselves, family members, or household members in a criminal offense, as often seen in port- or drug-related matters in the region.
Legal Basis of Witness Privilege
The foundation is Article 171 of the Code of Criminal Procedure (Sv): "The witness need not answer questions that could implicate himself, his partner, blood or affinal relatives in the direct line or up to the second degree in the collateral line, plus household members, in criminal liability." This is an exception to the duty to testify under Article 170 Sv. At the Rotterdam District Court, the judge or examining magistrate assesses whether a reasonable risk exists—no proof required.
This applies solely to criminal proceedings; civil or administrative law has separate rules.
When to Invoke Witness Privilege in Rotterdam?
Invoked upon concrete risk of criminal liability for:
- Yourself: Personal incrimination.
- Partner (spouse/registered partner).
- Direct family (parents, children, grandparents).
- Collateral second degree (siblings, parents-in-law).
- Household members: Cohabitants, regardless of family ties.
Solely for criminal offenses (not infractions). The Rotterdam District Court evaluates if the risk is real.
Examples from Rotterdam Practice
Example: As a witness in a Rotterdam port drug case, if police ask: "Did you see coke at your brother's place in the Maasvlakte?" Invoke the privilege if your own involvement is at risk.
Or in domestic violence cases in Rotterdam-South: As a suspect's partner, you can stay silent about your role in concealing evidence.
Family witnesses frequently invoke this in local violence cases.
Difference from Other Rights
Comparison:
| Right | Statute | For whom? | Protection |
|---|---|---|---|
| Witness Privilege | Art. 171 Sv | Witnesses | Self, relatives, household vs. criminal liability |
| Professional Privilege | Art. 169 Sv | Lawyers, doctors, journalists | Professional secrecy |
| Suspect's Right to Silence | Art. 29 Sv & Art. 6 ECHR | Suspects | Full right to remain silent |
More on perjury and right to silence.
Rights and Obligations of Witnesses
Rights:
- Refuse incriminating questions.
- Seek advice from Rotterdam Legal Aid Desk (often allowed).
- No penalty for proper invocation.
Obligations:
- Answer non-incriminating questions (perjury risk, Art. 207 Criminal Code).
- Invoke promptly before judge/examining magistrate at Rotterdam District Court.
- Provide honest grounds without details.
No privilege? Coercion or penalty possible (Art. 287 Criminal Code).
Frequently Asked Questions
Can I invoke without family ties to the suspect?
Yes, for yourself or household members. No suspect relationship required.
Answered by mistake?
No reversal, but not obligated to continue. Consult Rotterdam Legal Aid Desk beforehand.
Applies to police in Rotterdam?
Yes, all interrogations (Art. 171 Sv). Police must inform of rights.
Proof of risk required?
No, reasonable suspicion suffices; Rotterdam District Court decides.
Tips for Witnesses in Rotterdam
Preparation:
- Visit Rotterdam Legal Aid Desk for free criminal case advice.
- List protected persons: Note family/household members.
- Practice responses: Share only safe information.
- Request a break: Time for legal advice at Rotterdam District Court.
Contact Municipality of Rotterdam or Legal Aid Desk for local support.