ROMANIAN LAW ON THE RIGHT TO REMAIN SILENT AND TO AVOID SELF INCRIMINATION
ROMANIAN LAW ON THE RIGHT TO REMAIN SILENT AND TO AVOID SELF INCRIMINATION

Summary/Abstract: The institution of the right to remain silent originates in the Medieval England when there were two completely different criminal procedure systems: on one hand, the inquisitorial one, applied mostly by ecclesiastic courts, practicing the canonic right, and on the other hand, the Common Law employed in laic Courts.Later, Miranda Warning, called also the defendant’s right to avoid self incrimination, a rule originating in a famous trial in the U.S.A., stipulated that: “You have the right to remain silent. Anything you say may be used against you in a court of law”.In terms of the right of a suspect not to incriminate himself, it is important to take into account the content of art 6 paragraph 1 of the European Convention of Human Fundamental Rights and Freedoms, according to which everyone is entitled to a fair hearing of his case by an independent and impartial Court. Constantly there have been efforts to consolidate the right not to testify and the right to avoid self incrimination as worldwide recognized standards and basis for equitable trials.

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