Report on anonymous witnesses in the Netherlands

Abstract

To a large extent, Dutch criminal proceedings take the form of an official inquiry rather than a contest between two parties who are responsible for bringing out the evidence. These proceedings can be characterized as investigations into the material facts by state officials. The inquisitorial nature of such proceedings is expressed in particular by the position of the state officials involved in criminal justice. These officials are responsible for discovering the truth and must therefore remain objective and make an effort to find out whether the accused is guilty of a criminal offence. The trial judge has a central and active role in the process of finding the facts. It should be added that the trial judge not only conducts the investigation at the trial, but also decides on the guilt or innocence of the accused. The Dutch criminal justice system, contrary to a few other civil law countries and the common law countries, has no trial by jury.