نوع مقاله : علمی - ترویجی
نویسنده
فارغ التحصیل دوره کارشناسی ارشد حقوق جزا و جرمشناسی از دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [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 these courts.
کلیدواژهها [English]
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