{"product_id":"vragen-22623-wordt-een-slachtoffer-in-de-uitoefening-van-zijn-spreekrecht-in-het-strafproces-wel-of-niet-beedig","title":"Question about victim's right to speak? Get free advice!","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Is a victim sworn in or not in the exercise of his right to speak (in criminal proceedings)? (like an official witness). In one document I read yes (otherwise there could be a conflict with the right to a fair trial, because the suspect cannot ask questions), in the other document I read no (because it is an irrefutable statement of the victim's experiences).\n\n What is correct?\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n You will find the answer in article 51e of the Code of Criminal Procedure. The victim will make a statement at the hearing about the consequences of the criminal acts mentioned. The article does not mention swearing in the victim.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e \nThat's right, but at the time the victim was placed under the category of witness and the original Explanatory Memorandum also clearly stated that the victim would be sworn in in execution of his right to speak (otherwise it could conflict with the presumption of innocence, etc.)\n\n The new bill on the right to advise states in the Explanatory Memorandum that they are not sworn in when exercising the right to speak, but they are when exercising the right to advise. The proposed amendments to the bill also do not mention the word swearing in, but I assume that the Explanatory Memorandum is leading then? That means that I cannot rely solely on what is or is not literally described in the article itself.\n \nMaybe it was changed somewhere after the introduction of the right to speak, that it was initially the intention to swear in the victims and then to refrain from doing so? I can't find that anywhere (but I haven't read all the parliamentary documents either). A bit unclear unfortunately..\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55015452737885,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-22623-wordt-een-slachtoffer-in-de-uitoefening-van-zijn-spreekrecht-in-het-strafproces-wel-of-niet-beedig","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}