Dreptul la tăcere şi la neautoincriminare. Ratio essendi
The right to silence and non-incrimination. Ratio essendi

Summary/Abstract: The present Study aims to analyze the reasons that have stood and still stand behind a highly important criminal procedural safeguard, namely the right to silence and the privilege against self-incrimination, both within the Romanian criminal procedure, with regards to the old Criminal Procedure Code, but, above all, to the new law, with the entry into force on 1st of February 2014 of the new Code of Criminal Procedure, but also in the comparative criminal procedure law. It aims not only to achieve to a short historical analysis from this perspective, but mostly to analyze the contemporary legal norms, both national and of those of comparative law, to verify the extent in which the consistent historical reasons which have conducted to the recognition of this procedural safeguard are still valid today, in order to see what is the modern source that justifies and reinforces the legal strength of the right to silence and the privilege against self-incrimination, both in the Romanian criminal procedure and in the comparative criminal procedure law.

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