The Right to Silence – a Fundamental Right of the Defendant
The Right to Silence – a Fundamental Right of the Defendant
Author(s): Carmen Silvia ParaschivSubject(s): Criminal Law
Published by: Editura Hamangiu S.R.L.
Keywords: the rights of the defendant (suspect); the right to silence (the right not to give any statement); silence – a variant of communication; the presumption of innocence; evidence;
Summary/Abstract: The right to silence (the right not to make any statements during criminal proceedings) was established in the laws of democratic states long ago. Thus, the person suspected of committing a crime had the possibility to refuse to answer the questions addressed to him in connection with the accusation brought against him.In the current Code of Criminal Procedure, the right to silence is one of the fundamental rights of the defendant provided by Article 83, a right which the suspect also has (Article 78 Code of Criminal Procedure).Thus, the defendant has the right not to give any statement during the criminal trial, being informed that if he refuses to give statements he will not suffer any unfavorable consequences, and if he gives statements, they may be used as evidence against him.
Journal: Conferința Internațională de Drept, Studii Europene și Relații Internaționale
- Issue Year: VIII/2020
- Issue No: VIII
- Page Range: 435-440
- Page Count: 6
- Language: English