عنوان مقاله [English]
The privilege against self-incrimination means that in criminal procedure an accused shall not put himself in position that its result is his conviction; he shall not be compelled to contribute actively in proceedings which will lead to his conviction; whether he was ordered by inspectors to declare facts or produce documents.
Self-incrimination often occurs within accused's speaking; the question is that, are the privilege against self-incrimination & right to silence the same or not? There are different ideas but it is defendable to say that; The privilege against self-incrimination has wider spread & in addition to acoustic communications, it covers other types of self-incrimination such as produce documents.
This right has been pointed in several international documents such as; "the universal declaration of human right" & international covenant on civil & political rights" & international convention on the elimination of all forms of racial discrimination".
Statutes & other regulations of international courts (i.e ICC, ICTY,ICTR) has the best standard of accused's defense rights. the privilege against self-incrimination & other aspects of this right (such as adverse inference) expressly has been anticipated in case law & all provisions of this courts.