RT info:eu-repo/semantics/article
T1 La valoración del derecho a guardar silencio en el proceso penal según la jurisprudencia nacional y europea
A1 Álvarez de Neyra Kappler, Susana I.
A2 Ediciones Universidad de Valladolid
K1 Procedimiento penal
AB Among the rights granted to persons detained, investigated and prosecuted in criminal proceedings are, among others, the right to remain silent, not to testify, not to testify against oneself and not to confess guilty, not to answer any of the questions asked, or to state that he will only testify before the judge, as part of the more general right of defense and the right to presumption of innocence.This right has been incorporated into many national and international laws, and although neither the International Covenant on Civil and Political Rights nor the American Convention on Human Rights nor the European Convention itself expressly so provides, it is considered implicitly guaranteed in those treaties, in the idea of an equitable process.We must understand that the choice of the subject to the criminal process of not answering the questions addressed to him is part of his defensive strategy, so that in our procedural system the exercise of silence should not be taken as an indication of guilt. And although part of our jurisprudence has recognized this, another long and reiterated line of jurisprudence has affirmed that silence can be considered as an indication against the accused, when he does not offer a plausible explanation of the reasons for his refusal to declare and already exist an objective test of charge.
SN 1132-7170
YR 2017
FD 2017
LK http://uvadoc.uva.es/handle/10324/28407
UL http://uvadoc.uva.es/handle/10324/28407
LA spa
NO Revista de estudios europeos, 2017, N.1, pags.46-64
DS UVaDOC
RD 18-nov-2024