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The defendant's right to remain silent during the investigation | ||
| Journal of The Iraqi University | ||
| Article 1, Volume 2, Issue 31, 2016, Pages 427-456 | ||
| Author | ||
| M. Firas Ghanim Mohammed | ||
| Abstract | ||
| The right to remain silent during the criminal investigation is one of the fundamental and important rights that must be given to all the accused in the criminal investigation stage in all the laws of the world, since it is one of the rights that the accused must enjoy at all stages of the criminal case. The reason for this is that modern legislation is careful not to compel the accused to speak of the crime in a manner contrary to his or her legal standing in the case, especially if his statements represent a kind of testimony against himself or to compel him to speak in a manner inconsistent with the rights of the defense Qrtha all criminal procedures laws in the world. The accused has full freedom not to make his statements and may refrain from answering questions. In all cases, his silence can not be prejudicial to his interests or to be used against the accused in any way to prove the crime against him. The right of the accused to remain silent is one of the consequences On the basis of the principle of (the origin of the human patent), which in turn is the responsibility of the indictment, which is the judge is the one who directs the charge and therefore the court has a burden of proof and does not cost the accused to prove his innocence, and therefore may not be a person to answer questions or any information may lead to confirmation of his conviction or it proved, as long as it is not binding To prove his innocence, which is already in it (). The silence is the right of the accused not to speak or to take a negative attitude towards any or all of the persons who believe in all the evidence to be charged. This is the natural right of the human being to speak. This entails an obligation on the part of the authority concerned to respect this right and not to be subjected to it, Thus, any violation or violation of this right is at the same time an attack on the right of the accused to defend himself and the right of origin of the patent, which requires punishment. | ||
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