Due Process in the Light of the Defendants’ Right to Remain Silent in Cases of Economic Crimes
Due Process in the Light of the Defendants’ Right to Remain Silent in Cases of Economic Crimes

Author(s): Delia Magherescu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Law on Economics, Court case
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: criminal proceedings; due process; defendantʼs rights; economic cases; right to remain silent;
Summary/Abstract: By definition, the criminal proceedings are a process of legality, where both the parties and the main processual subjectsʼ procedural rights and legitimate interests are subordinated to the other judicial principles the legality of criminal proceedings is based on. The concept of due process, established by the European Council, is part of the legality of criminal proceedings, whose rules arise both from the provisions of the European Convention of Human Rights and from the jurisprudence of the European Court on Human Rights as well. Thus, it means the European institutionʼs vocation, as a supranational forum. In the current paper, the essential issues regarding the concept of fair trial, as it is viewed from the perspective of the defendantʼs right to remain silent exercised in cases of economic crimes are approached. The aspects of both jurisprudence and doctrine regarding the defendantʼs right to remain silent in criminal proceedings, as well as the other connected procedural institutions of criminal cases have been analysed. The results obtained during the conceptual research activity are provided at the end of the paper, whose conclusions are pertinently argued, specific in the matter of respecting the defendantʼs right to remain silent.

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