News item | 13-06-2025 | 15:26
Broadening the crown witness scheme and improving the legal framework for witness protection are important steps in tackling undermining by organized crime. The Council of Ministers has just agreed to the start of the consultation of the bill Improvement of crown witness scheme and the new Decree Witness Protection.
Van Weel: ” The use of crown witnesses is essential to grab large criminals and thus decimate organized crime. Thanks to this bill, the Public Prosecution Service can also use suspects of relatively smaller crimes to collect more information about serious crime. This makes the scheme a lot more effective. It is also crucial that witnesses can be protected against threats if necessary. The new rules for witness protection will help with this. “
The crown witness is a witness who himself is a suspect or convicted person. At the request of the public prosecutor, the crown witness can get a penalty discount if he explains about other perpetrators. At the moment, the punishment of a crown witness can be halved to the maximum. The crown witness scheme is therefore now particularly attractive for suspects of (very) serious crimes, but another category of crown witnesses is also needed. That is why the scheme is broadened to make it more attractive for suspects with a relatively less large role within a criminal partnership. If the penalty requirement would normally be unconditional prison for a maximum of six years, they will soon be eligible for a higher penalty discount if they become a crown witness. The punishment can then be completely converted into a conditional prison sentence. This makes it easier to prosecute heavy criminals with the help of explanations from those who play a less important role within the criminal partnership.
In addition, the Code of Criminal Procedure lays down the special duty of care of the State that is elaborated in the new Decree on Witness Protection. This includes an improved and firmer legal framework for witness protection. For example, clarity is offered what can be expected in the field of witness protection from the state. This means that there is no longer a lack of clarity what can be agreed between the state and the crown witness in the context of witness protection. This makes the witness protection more transparent.
Part of the revised decision witness protection is also the assessment between the interests of investigation and safety prior to a crown witness dealer. This implements a recommendation from the report monitoring and securing. Lessons from three security situations for safety. This means that the risks for the safety that arise due to a crown witness deal and the possible safety measures to be taken from now on are mandatory prior to the deal by the OM and the NCTV are jointly mapped.