RIGHT TO SILENCE AND THE PRIVILEGE AGAINST SELF-INCRIMINATION – A SPECIAL GUARANTEE OF A FAIR TRIAL
Journal Title: Legea și viața - Year 2018, Vol 1, Issue 6
Abstract
The right to silence may be considered as a protection measure, a guarantee that is based on the right to a fair trial. The ECHR jurisprudence considers this right, which is not formally granted by the Convention, as a guarantee provided to defendants in the name of the right to a fair trial, of the right to freedom and human dignity. Despite its appearance as a mainly procedural right, due to the fundamental value that it protects and the requirements of which it promotes – equity – the right to a fair trial also has an obvious aspect of substantive law. The United Nations Human Rights Committee provides for the right to a fair trial not only at the stage of admission of applications, but also at the stage of their examination on merits.
Authors and Affiliations
Igor BACU
Keywords
Related Articles
- EP ID EP673582
- DOI -
- Views 75
- Downloads 0
PERSONAL SEARCH: THE PROBLEMS OF THE LEGAL REGULATION
The article is devoted to the study of the discussion issues of the production of personal search in criminal proceedings. The current criminal procedural law and the approaches developed by scientists concerning the gro...
ADDITIONAL (SUBSIDIARNI) DEBTORS AS THIRD PERSONS ARE IN CIVIL LEGAL RELATIONSHIPS
The article is devoted research of legal nature of obligations with participation of additional (subsidiarnikh) debtors for the purpose possibility of confession of additional (subsidiarnikh) debtors in quality the third...
PRINCIPLES OF HOUSING LAW
The article is devoted to the principles of housing law. It is established that the principles of housing law include general principles of law, principles of civil law and own sectoral principles. The principles of hous...
THE FUNDAMENTAL PRINCIPLES OF LAW - GUARANTEES OF LEGAL SECURITY IN THE ROLE OF LAW
General principles of law are basic rules whose content is very general and abstract, sometimes reducible to a maxim or a simple concept. They are considered to be part of positive law, even if they are only used as subs...
TRUCTURE AND DYNAMICS OF INTENTIONAL MURDERS IN UKRAINE
The article deals with the current state of intentional murders and intentional murders with qualifying features in Ukraine. To find out the full, objective picture and reveal new tendencies of premeditated murders in Uk...