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I have been called as a witness in court. What happens if I do not go, or if I lie to protect someone I know?

In short

If you are called as a witness, you must in principle appear and give evidence; deliberately failing to appear is a crime (level 1). Lying under oath with fraudulent intent is more serious (level 3).

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This rule in 75 seconds
Video transcript

You've been called as a witness. To protect someone you know, you're thinking of not going, or of saying you saw nothing. Required: If you're called, you must appear and give evidence; deliberately not going is a crime (level 1). Lying under oath is false testimony: level 3. The right way: Go when you're called and tell the truth. In some cases, such as professional secrecy, you may stay silent; if in doubt, ask a lawyer. Consequences (Level 1 – 3 offence): Ignoring the summons: Fine or other penalty; False testimony under oath: 3 – 5 years in prison; False statement, no oath: 6 months – 3 years.

What is not allowed, what is required?

  • If the investigating judge (onderzoeksrechter / juge d'instruction) or the court summons you as a witness, you must appear and give evidence; deliberately failing to appear is a crime (Criminal Code art. 654, level 1). In some cases, such as professional confidentiality, you may have the right to remain silent; if in doubt, ask a lawyer.
  • Distorting the truth in sworn testimony, with fraudulent intent or intent to cause harm, is false testimony (valse getuigenis / faux témoignage; art. 647, level 3). This also applies to interpreters and experts.
  • Distorting the truth for the same purpose in an unsworn statement is also a crime: a false statement (art. 648, level 2).
  • If you retract your lie before the same court, before the hearings close and before proceedings for false testimony are brought against you, you are not punished (art. 650).
  • If you are heard without taking the oath because you are a relative of the accused, and you speak in their favour, you are not punished (art. 650). However, encouraging someone else to give false testimony is a crime (art. 649).

Penalty and indirect consequences

PENALTY NOTICECriminal Code, level 3
Fine / payment
Failing to answer the summons is level 1: there is no prison sentence; the judge imposes a fine, community service or probation.

Legal basis:Strafwetboek (W 29.2.2024) Boek I, art. 36

Court / prison
False testimony: level 3, 3 – 5 years in prison. Unsworn false statement: level 2, 6 months – 3 years in prison or an alternative to prison.

Legal basis:Strafwetboek (W 29.2.2024) Boek I, art. 36

What does this level mean? Criminal Code, level 3: 3 – 5 years in prison. All penalty levels →

What really matters: the indirect consequences

What do these terms mean?

Criminal record
The state register of convictions handed down by a court. The extract asked for a job, residence or nationality application comes from it. Municipal GAS fines are not entered in it.

All terms: glossary →

Why does this rule exist?

Courts rely on witnesses telling the truth in order to reach the right decision. False testimony can lead to an innocent person being punished.

Where can you go?

  • Free first-line legal advice and pro deo lawyerA free or low-cost lawyer if your income is low
  • Justice HouseInformation and support for victims, accused people and convicted people (Justitiehuis / Maison de justice)
  • Emergency112 · Police 101
  • Social interpreterAt the municipality, the OCMW/CPAS, school and hospital, you can ask for an interpreter in your language; it is often free.

This site does not handle individual cases; it points you to the right service. All help addresses

Source and reliability

Official source
Source check
12 / 13 statements in an official source
Checked: 22.10.2026
Last checked
22.10.2026
Rules can change
Show the 13 checked statementsopen

The checked statements are in Turkish, as in the source text. This check does not replace legal advice.

General information, not legal advice. For your own situation, ask a lawyer or free legal aid. How was this information prepared?

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