Verschoningsrecht
Right to decline to testify
The right to refuse to give evidence is the right of certain professionals to decline to testify regarding confidential information entrusted to them in their professional capacity.
The right to refuse to testify enables specific persons, such as lawyers, physicians and members of the clergy, to exempt themselves from the statutory duty to answer questions as a witness in legal proceedings. This right is set out in the Code of Criminal Procedure and the Code of Civil Procedure and serves to protect the confidential relationship between the professional and the person concerned.
It is relevant because it safeguards open communication in confidential relationships; without this right, clients or patients might be reluctant to share sensitive information. In practice, the right is frequently invoked during witness examinations or in civil proceedings to prevent confidential information from being disclosed.
Judges determine on a case-by-case basis whether the right applies and may restrict it where compelling interests, such as the establishment of the truth in criminal proceedings, so require.
“The attorney invoked his right to refuse to testify during the examination and declined to answer questions concerning the substance of his conversation with his client.”
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