Van Weel: ''The use of crown witnesses is essential to catch major criminals and thus decimate organized crime. Through this bill, the Public Prosecution Service can also involve suspects of relatively minor crimes to gather more information about serious crime. This makes the scheme much more effective. It is also crucial that witnesses can be well protected against threats when necessary. The new rules for witness protection will help with this.''
The crown witness is a witness who is himself a suspect or convicted. The crown witness can receive a reduction in sentence at the request of the public prosecutor if he testifies about other offenders. Currently, the sentence of a crown witness can be reduced by up to half. This makes the crown witness scheme particularly attractive for suspects of (very) serious crimes, but another category of crown witnesses is also needed. Therefore, the scheme is being broadened to make it more attractive for suspects with a relatively smaller role within a criminal collaboration. If the usual sentence request would normally be a maximum of six years of unconditional imprisonment, they will soon be eligible for a higher reduction in sentence if they become a crown witness. The sentence can then be fully converted into a conditional prison sentence. This makes it easier to prosecute serious criminals with the help of testimonies from those who play a lesser role within the criminal collaboration.
Additionally, the special duty of care of the State will be enshrined in the Code of Criminal Procedure, which will be elaborated in the new Decision on witness protection. This will include an improved and stronger legal framework for witness protection. It will clarify what can be expected from the State in terms of witness protection. Thus, there will no longer be ambiguity about what can be agreed upon between the State and the crown witness regarding witness protection. This will make witness protection more transparent.
Part of the revised Decision on witness protection is also the mandatory concurrent assessment of the interests of investigation and safety prior to a crown witness deal. This will implement a recommendation from the report Guarding and Protecting. Lessons from three security situations of the Dutch Safety Board. This means that the safety risks arising from a crown witness deal and the safety measures that may need to be taken will now be jointly mapped out by the Public Prosecution Service and the National Coordinator for Security and Counterterrorism prior to the deal.