Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
  • Summary
  • trimite
  • Scientific Life

THE DEFENDANT’S RIGHT TO REMAIN SILENT AND NOT INCRIMINATE HIMSELF ACCORDING TO THE CRIMINAL PROCEDURE CODE. THE RESPECT OF THE PROVISIONS OF ARTICLE 6 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Maria Magdalena BÂRSAN

Abstract: A defendant's right to remain silent regarding the actions for which he is prosecuted and to not contribute to his own incrimination represent essential aspects of an equitable criminal procedure law. The article aims to discuss the extent to which the provisions of the Criminal Procedure Code are violated, as well as the provisions of the European Convention on Human Rights in this matter. Based on the right to remain silent and not incriminate oneself as regulated in article 6, the criminal investigators are prevented from obtaining evidence by defying the will of the culprit and not to testify against him. Each accused individual has the right to remain silent and not incriminate himself, although the provisions of article 6 of the European Convention on Human Rights does not expressly mention this right, it is acknowledged by international legal regulations which are found at the center of the concept of equitable trial. The Romanian legislator should take a closer look at the provisions of the Romanian procedural code that currently establish these procedural measures and corroborate them with those of the Romanian Constitution and those of the ECHR. 

DOWNLOAD FULL ARTICLE pdf