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Netherlands: Absent witnesses

01 March 1994

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On February 1, 1994, new legislation came into force under which a witness who has reasonable grounds to feel threatened no longer has to appear in court but can give a statement to the investigating magistrate. The new rules also cover witnesses whose statements might be shocking to the next of kin, for instance in cases of incest, homosexual behaviour or extramarital affairs. The defence can question the witness through telecommunications or in writing as long as their identity is not disclosed. Undercover police officers can appear in court in disguise maintaining their anonymity, or only appear before the investigating magistrate if they received serious threats. Under the new legislation, inducing someone to make false statements under interrogation has become punishable with 4 years imprisonment or a Dfl25,000 penalty.

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