A request to examine a witness is a reasoned request to hear a person about facts that may be relevant to the assessment of the criminal case. Do you want a witness to be heard in your criminal case? Keep the complete documents and write down the next deadline. Below you can read which legal questions, documents and next steps deserve attention. The assessment of your own situation depends on the specific facts and the applicable legal framework.
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What does a request to examine a witness mean legally?
A request to examine a witness is a reasoned request to hear a person about facts that may be relevant to the assessment of the criminal case.
The legal framework depends on the procedure at issue. Start with the complete decision, the request or the registration and determine which authority is responsible for it. Have the applicable rules, the stage of the proceedings and any legal remedies assessed separately.
A long list of names without explanation is weak. The request must make clear what relevant contribution each witness can make.
Who assesses a request to examine a witness?
The defence may request that a witness be heard. To whom the request is addressed and which standard applies depends on the stage of the proceedings and the nature of the request. A relevant statement is not automatically investigated just because the witness’s name appears somewhere in the case file.
Your lawyer assesses the significance of the statement for the disputed issues, the right to examine witnesses and the substantiation required. Keep earlier statements and make clear which specific points need to be investigated.
Ultimately, the court assesses the criminal case on the basis of the applicable law of evidence. A request to examine a witness must be distinguished from this: it is a request for investigation and not a separate charge that the OM has to prove.
If a police interview is also involved
If, in addition to the issue discussed here, a criminal investigation is also under way and you are interviewed as a suspect, you have the right to remain silent and the right to consult a lawyer. Ask in advance in what capacity the conversation is taking place. The rights and obligations in an administrative investigation or when being heard as a witness must not simply be equated with those of a suspect.
Remaining silent is not an automatic strategy for every case. Sometimes an early, verifiable explanation can prevent an incorrect picture from persisting. In other cases, an unprepared statement actually brings risks. Make that choice after discussing the known facts, possible lines of investigation and documents that may support your explanation.
Read the official record of the interview carefully. Ask for a correction if your words have been recorded incorrectly or too emphatically. Do not sign in a hurry. If you have difficulty with the Dutch language, discuss the use of a sworn interpreter in good time.
What evidence should you secure?
In any event, keep contact details, earlier statements, specific topics for questioning, a timeline and documents showing what the witness may know. Keep the original files available and make a working copy for your lawyer. Screenshots can be useful, but they often do not show the full conversation, the source or the metadata.
Draw up a timeline with dates, people and events. Separate what you observed yourself from what others told you. Note down possible witnesses with a brief explanation of what they themselves observed. Do not approach them to align statements.
Do not delete or alter any data. Even information that seems unfavourable at first sight may be needed to understand the context. Report possible camera footage or other temporarily available sources quickly, so that your lawyer can assess whether securing that material or further investigation is needed.
Which question should the witness examination answer?
A useful request to examine a witness starts with a specific question in the criminal case. What is disputed, and what can this person say about it from their own observation? A witness who likes the suspect has different information from someone who saw the incident. For each person, therefore, make clear which event, which period or which part of a statement needs to be examined.
Write a short explanation covering three points: what the witness is likely to have observed, how you know that the person was present and why this is relevant to the assessment. Also state what you do not know. Your lawyer can phrase the explanation in legal terms and assess to whom and at what point the request should be made.
A request to examine a witness is an act of the defence. The OM is not obliged to work out every conceivable alternative on behalf of the defence. However, the criminal case as a whole must be dealt with fairly and the defence must be able to exercise its rights. The applicable standard and reasoning depend on the stage of the proceedings and the type of witness.
Distinguishing incriminating and exculpatory witnesses
An incriminating witness may have made a statement that is used as evidence against you. What matters then is whether the defence has had a proper opportunity to test that statement. An exculpatory witness, by contrast, may state something that supports your account or contradicts an important part of the charge.
These situations are not simply the same. Case law on the right to examine witnesses, including the case law following the Keskin case, may be of particular significance for incriminating witnesses. This does not give rise to a general rule that every person put forward must always be heard. Your lawyer must assess how the statement is used and which procedural circumstances are relevant.
Keep all known versions of a statement. A later official report may be more extensive than an initial report. Set out specific differences side by side without immediately concluding that someone is lying. A difference may have various causes and may itself be the subject of targeted questions. Reliability is assessed in conjunction with the other information.
Own observation, hearsay and identification
When preparing, always ask: what could the witness actually see, hear or know? Think of distance, light, sound, obstacles, duration and the person’s position. Someone may sound certain and yet have witnessed only part of the event. Conversely, a brief observation is not necessarily meaningless.
With an identification, what matters is what it is based on. Did the witness already know the person, did they see a face or only clothing, and did they receive information from others beforehand? Note possible questions for examination. Let your lawyer assess which questions are needed and avoid organising an identification test yourself that could influence the witness’s memory.
Also distinguish between what the witness observed at the time and what became known later through the news, group messages or conversations. A complete message or original photo can help to examine that distinction. Keep that data, but do not circulate it among potential witnesses to show them what, in your view, they must have seen.
Handle contact with witnesses carefully
Give available contact details to your lawyer and state any connection the person has with the case. Do not approach a witness to coordinate, withdraw or adapt a statement to a preferred version of events. Even well-intentioned repeated conversations may later raise questions about whether a recollection is independent.
If a witness is also a co-suspect or if a contact ban applies, first discuss which route is permitted. A summons issued by a competent authority and a private message from a suspect are different situations. It may be necessary to obtain information through your lawyer and the formal procedure.
A witness may have their own rights and obligations, such as the right to decline to give evidence in certain circumstances. The defence cannot anticipate this by promising that someone need not say anything or, conversely, is obliged to answer everything. Refer a witness with questions about their own position to appropriate independent advice.
A rejected request is a decision point
If a request is rejected, record what was requested, what substantiation was given and why it was rejected. This is necessary to assess whether further information, a renewed request or a legal remedy may be appropriate. The mere statement “the judge did not want any witnesses” leaves too much unclear.
New information in the case file may change the relevance of a witness. Report that information to your lawyer in good time. A request must reflect the actual questions in the case, not a wish to hear as many people as possible. Also discuss which alternative information is available if a witness cannot be heard.
A usable file for each proposed witness
For each witness, draw up a separate overview with the name, known contact details, relationship to the event and the subject on which the person can give evidence. Refer to a specific part of the case file if the statement relates to it. State how you know that the witness could observe something; a supposition that someone was present must remain recognisable as a supposition.
Add relevant existing documents, such as a message sent immediately after the event or a photo showing the witness’s position. Explain what the document shows and what it does not. A message may, for example, support presence without proving the content of an observation. Your lawyer can then assess which question for investigation follows from it.
Note practical problems, such as an unknown whereabouts, language or possible involvement in the same set of facts. Do not try to solve these yourself by exerting pressure or arranging a desired statement through others. A witness must be able to give evidence independently. If someone does not want to speak, tell your lawyer; which options exist depends on the procedure.
To prepare for the hearing, the explanation of the hearing before the police court judge is useful. If the case involves an incident with several people, see also public violence and your own contribution. A list with many names is less useful than a few clearly reasoned requests that address the disputed points and are made in good time through the correct route.
What steps can you take now?
Work in a fixed order, so that time limits and evidence are not lost.
1. Keep the letter, summons or punishment order and note every date. 2. Request the case file or the available details of the suspicion through your lawyer. 3. Collect original data and draw up a factual timeline. 4. Discuss your approach to the proceedings before the interview. 5. After each decision, check the correct legal remedy and the time limit. 6. Coordinate parallel procedures with your employer, bank, municipality or CBR.
A request for contact with a lawyer does not in itself safeguard any time limit. A short statutory time limit may apply to a punishment order, judgment or measure. So send the complete decision and state when you received it.
Contact us for an assessment of the next step.
What happens after a request to examine a witness?
A request may be granted, rejected or lead to a further decision on the investigation. The exact options depend on the stage of the proceedings and the competent authority. Ask your lawyer which decision has been taken and how it was reasoned.
If a witness is heard, the relevant topics and available documents must be prepared. The aim is to be able to examine an independent statement. The defence may ask questions within the procedure; it does not determine in advance what the witness should answer.
If the request is rejected, it may matter whether it should be made again later or can be raised in a legal remedy. That requires an assessment of the case file and the course of the proceedings. A rejection does not automatically mean that the court considers every part of the earlier statement reliable or that the criminal case itself has already been decided.
Which misunderstandings should you avoid?
A common problem is responding only to the letter that seems most urgent, while another time limit is running. Therefore draw up an overview of all decisions and procedures and agree who will take care of which response. A request for information is not automatically a formal legal remedy.
Another risk is sharing only a summary or a few screenshots. Your lawyer needs the complete decision and relevant annexes to assess your legal position. State what is missing and which documents are still being requested, so that an incomplete file remains recognisable as such.
Finally, do not confuse general information with a decision on your own situation. An example from an acquaintance or an earlier case may involve different facts and rules. Discuss your specific documents and have the next step confirmed, including who is responsible for monitoring the time limit.
How does Arslan Advocaten handle this type of case?
Arslan Advocaten handles criminal cases from the interview stage up to and including the hearing and any legal remedy. The lawyer starts with the procedural documents, time limits and the next decision point. Evidence, legal classification and personal consequences are then assessed separately.
In practice, bottlenecks often arise because a client is involved in several procedures at the same time. Think of a blocked bank account, a dismissal issue, a closure order or a VOG problem alongside the criminal case. We first map out those lines, so that a response in one file does not unintentionally harm your position in another.
Frequently asked questions about a request to examine a witness
May I put forward the names of witnesses myself?
Yes, discuss relevant people with your lawyer. For each person, indicate what they can state from their own observation and why that is important. Your lawyer assesses the formal submission, the timing and the substantiation. A list of names alone is often insufficient preparation.
Must every witness put forward be heard?
No. The assessment depends on the applicable criterion, the stage of the proceedings and the significance of the witness. For incriminating statements, the right to examine witnesses may impose special requirements. Therefore have the specific statement and any earlier opportunities for examination assessed.
Is a written statement the same as an examination?
No. A written document may contain information, but it does not automatically offer the same opportunity to ask questions and test the answers. Keep the original statement and discuss whether an additional hearing is needed, by whom and on which topics.
Can I help a witness remember what happened?
Be careful with this. You must not steer or coordinate a statement. Give your lawyer the available information and let them assess how a witness can be approached with due care. Do not circulate selected images or desired answers among potential witnesses.
What if a witness previously said something different?
Set the exact passages and dates side by side. Differences may give rise to questions, but do not automatically prove unreliability. Context, the way questions were asked and the witness’s own observation may be relevant. A targeted request makes clear which inconsistency needs to be examined.
Does a witness always have the same rights as a suspect?
No. Roles, obligations and any right to decline to give evidence differ. Sometimes answering may also have consequences for the witness personally. Have the witness’s own position assessed if there is any doubt about it; a suspect cannot promise a witness any general exemption or impose any obligation on them.
Having your case assessed
Do you have a decision, summons or question about your case file? You can request an assessment via the contact form. State the next date and only share sensitive documents via the agreed secure route.
When is a prompt legal assessment advisable?
With a request to examine a witness, the next step must be tailored to the specific procedure. Therefore have the available documents, the time limit and the purpose of a response assessed together. A lawyer can determine which information is missing, whether further investigation is needed and which authority decides on your question. This makes clear what you can gather yourself and which formal step must be taken in time.
Prompt assistance is especially advisable when an interview, punishment order, summons, seizure or measure has already been announced. Note the date of receipt, keep envelopes and digital messages and send the complete decision. Also discuss consequences for your work, licence, residence status, insurance, banking relationship or VOG. These side effects sometimes require a separate response with its own time limit. A specific assessment always depends on the case file; general information does not replace personal legal advice.
Sources
- Dutch Criminal Code (Wetboek van Strafrecht)
- Dutch Code of Criminal Procedure (Wetboek van Strafvordering)
- The Dutch judiciary on criminal law
- The Dutch judiciary, witness in a criminal case
- Supreme Court of the Netherlands, requests to examine witnesses and the right to examine witnesses
Editorial team and responsible lawyer
Editorial team: Arslan Advocaten. Responsible lawyer for criminal law: Melanie Schulpen.
Last editorially updated: 22 September 2026. This general information does not replace an assessment of your own case file.
