A Comparative Study of Right to Silence in Criminal Investigation in USA, Germany and Iran
The purpose of this paper is to study the right to remain silence in USA, Germany and Iran’s law in criminal
investigation. Even though all the three countries respect the right and mentioned it in their Codes, but there are some
differences in its scope. The method has been used is library based method. Although The Fifth Amendment in US recognize
the right to silence but it doesn’t cover the accused person who is not in custody. Iranian new Code 2015, in article 197 states
the right to silence. Finally, section 136 of Germany’s Criminal Procedure Code has accepted the right to silence. However,
the Codes of the mentioned countries are silent about adverse inference. But in practice courts reason from accused’s silence
Keywords: Right to Silence, Criminal Investigation, Police, Adverse Inference.