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Requesting witnesses for your defence

You think a witness could help your defence. Write down what that person may know firsthand and how it relates to the allegation. A name alone does not explain the relevance.

Duration: 1:35

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Criminal Law in the Netherlands.

You think a witness could help your defence. Write down what that person may know firsthand and how it relates to the allegation. A name alone does not explain the relevance.

Tell your lawyer if the witness has already made a statement used against you. Discuss whether you have had a proper opportunity to question that account and which issues remain open.

Provide available contact details and the topics to be addressed. Separate the witness's own observations from things they heard from others. Your lawyer can assess the appropriate procedural request.

Ask when and how the request must be made. Simply emailing a name or bringing someone to court does not always replace a formal request. Do not assume a request has been accepted.

Do not pressure a possible witness or agree on a shared story. Preserve existing communications without changing them. Discuss any contact with your lawyer before taking action.

Keep the request and the response. Ask your lawyer what a refusal means and whether further steps are appropriate. The importance of the witness must be assessed in the context of the case.

Read the full explanation on the Criminal Law in the Netherlands website.

Understand the supporting sources

Sources and supporting information

Here you can find the sources for this page. Open the original publication for the full explanation, conditions and exceptions.

  1. Supreme Court, April 20, 2021, ECLI:NL:HR:2021:576: right to interrogate and witness requests after KeskinOpens in a new tabuitspraken.rechtspraak.nlhttps://uitspraken.rechtspraak.nl/details?id=ECLI:NL:HR:2021:576
  2. Supreme Court, July 1, 2014, ECLI:NL:HR:2014:1496: witness requests and direction; readable with later rechtspraakOpens in a new tabuitspraken.rechtspraak.nlhttps://uitspraken.rechtspraak.nl/details?id=ECLI:NL:HR:2014:1496
  3. Rechtspraak: national criminal procedure regulations and process agreementsOpens in a new tabrechtspraak.nlhttps://www.rechtspraak.nl/voor-advocaten-en-juristen/reglementen-procedures-en-formulieren/strafrecht/strafprocesreglement
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