Karapatan sa pananahimik bilang saksi: kailan ka maaaring tumanggi na sumagot?

As a witness, you are not obliged to give a statement to the police, but you must appear and answer truthfully when an examining magistrate (rechter-commissaris) or the criminal court summons you. The main exceptions are close relatives of the suspect, professionals with a duty of confidentiality, and witnesses whose answer could incriminate themselves or a relative. This article explains when you may refuse, and what applies in regulatory and internal investigations.

Ano ang pagkakaiba ng isang suspek at isang saksi?

A suspect may remain silent throughout the criminal investigation and at trial. A witness has that freedom only towards the police; before the examining magistrate and the court, the duty to testify applies. Our article on karapatan ng suspek na manahimik sumasaklaw sa hiwalay na posisyong iyon.

Do you have to talk to the police as a witness?

No. According to the Dutch government (Rijksoverheid), you are not obliged to give a witness statement at a police station. You may choose to cooperate, and you can stop at any time.

What if the examining magistrate or the court summons you?

Then you must attend and answer the questions truthfully. If you stay away without a valid reason, the police can bring you in. If you refuse to answer without a legal ground, the court can in the last resort order your detention for refusing to testify (gijzeling) for up to 30 days, according to the Judiciary (Rechtspraak); you cannot appeal against that order.

Making a deliberately false statement under oath before the examining magistrate or the court is perjury (meineed), which is a criminal offence in itself.

Kailan ka maaaring tumanggi na sumagot bilang saksi?

Three exceptions to the duty to testify matter in practice. You must invoke them yourself before or during the hearing.

Family members of the suspect

If you are a close relative of the suspect, you may decline to give evidence altogether. This covers a spouse or registered partner, a former spouse or partner, and relatives in the direct line or up to a defined degree in the collateral line. The privilege belongs to you as the witness, not to the suspect.

Propesyonal na pagiging kumpidensyal

If your profession carries a duty of confidentiality, such as lawyers, doctors, notaries and clergy, you may refuse to answer questions about what was entrusted to you in that capacity. This privilege protects the person who confided in you, which is why the examining magistrate or the court can test whether your refusal really concerns confidential information.

Ang pribilehiyo laban sa pagsisi sa sarili

You may refuse to answer a specific question if the answer would expose you, or a close relative, to the risk of prosecution. This is a question-by-question privilege, not a general right to remain silent; the examining magistrate should point it out to you.

Paano kung humingi sa iyo ng impormasyon ang isang regulator o ang mga awtoridad sa buwis?

Outside criminal proceedings, you generally have far-reaching duties to cooperate. Supervisory authorities such as the AFM or the Authority for Consumers and Markets (ACM) can demand information and documents, and the Dutch Tax and Customs Administration (Belastingdienst) has wide powers to demand information, backed by sanctions if you refuse.

The limit is that you cannot be compelled to incriminate yourself for a fine or other punitive sanction. Material that exists independently of your will, such as documents, records and data, can be compelled. Statements you were compelled to make, however, may not be used against you to punish you. Once an authority intends to impose a fine on you, it must caution you that you are not obliged to answer.

So if a regulator invites you to an interview, establish first in which capacity you are being questioned: as someone with a duty to cooperate, or as a person facing a possible fine who must be cautioned.

Maaari ka bang hilingin ng iyong employer na sumagot sa isang panloob na imbestigasyon?

An internal investigation is not a criminal investigation, and as an employee you must follow reasonable instructions, including cooperating with it. Refusing without good reason can have consequences under your employment contract. If the facts could lead to a criminal case or a summary dismissal, you may take legal advice before you answer, and you may ask to read and correct the interview report before signing it.

What can we do for you as a witness or interviewee?

Ang aming mga abugadong kriminal help you before you give any statement:

• We assess whether you are being heard as a witness, a suspect or a person with a duty to cooperate.
• We check whether you can invoke a right to refuse to testify, and on which questions.
• We prepare you for the hearing with the examining magistrate and attend it with you where allowed.
• We accompany you to interviews with a regulator, the Belastingdienst or an internal investigator.
• We review the interview report before you sign it.

Buod

• You do not have to give a witness statement to the police.
• Before the examining magistrate and the court, you must appear and answer truthfully; refusal without a legal ground can lead to detention (gijzeling) of up to 30 days.
• Close relatives of the suspect, professionals bound by confidentiality, and witnesses at risk of self-incrimination may refuse to answer.
• Regulators and the tax authorities can compel documents, but compelled statements may not be used to punish you.
• In an internal investigation you must cooperate, but you can take legal advice first if criminal or dismissal consequences are possible.

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