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The Right to Silence
The Right to Silence

Author(s): Alexandra Delia Sabău
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation, Court case
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: right to non-self-incrimination; right to silence; privilege against self-incrimination; European Court of Human Rights;
Summary/Abstract: The right not to incriminate yourself is not expressly enshrined in the European Convention on Human Rights. This right also includes other names, such as the right to silence, which is a component of the general privilege against self-incrimination. Although the right to silence protects the suspect/defendant from a verbal expression of his/her guilt, the privilege against self-incrimination is more extensive, as it covers the use of other means of proof that can be obtained from the suspect/defendant by coercion, as well as the provision of data or incriminating information to the judiciary. The purpose of this study is to analyze the right to silence from the perspective of national and international law in relation to the provisions of Romanian law, international regulations, as well as the jurisprudence of the European Court of Human Rights. One of the research methods I propose to use is the comparative method, by addressing aspects of comparative law in order to highlight the similarities and differences aimed at regulating and applying this right on non-self-incrimination in Romanian and foreign legislation and jurisprudence. Through the logical research method, I aim to outline and issue valuable reasoning regarding the legal regime applicable to the subject that is the object of study of my research.