Betrouwbaar getuigenbewijs: totstandkoming en waardering van strafrechtelijke getuigenverklaringen in perspectief

This study focuses on the use of witness testimony in Dutch criminal procedure and looks at whether the existing framework for criminal procedure and modes of operation in criminal legal practice require adaptation in light of truth-finding. Determining the credibility of witness testimony in a criminal legal context is to an important extent, steered by factors about which non-legal disciplines can provide more insight. This study maps and connects the different insights. The collected insights subsequently offer a framework to further review the statutory procedures and modes of operation in practice with regards to the production and assessment of witness testimony. Because of the strong accentuation of written documents Dutch criminal justice is under suspicion of not having the right instruments at its disposal to optimally test the content of testimony and therewith adequately guarantee the quality of criminal legal truth-finding. This study shows that in practice, there are a number of weaknesses in the manner in which witness testimony is handled and that the judicial decision in this regard is a risky decision. Besides the fact that the aspect of production remains underexposed in the process of assessment, it may be established that the judge hardly has any purchase in statutory law or legal doctrine for the assessment of witness testimony. Recommendations are made to adapt Dutch legal procedure and some practical modes of operation.