Paper Title :A Comparative Study of Right to Silence in Criminal Investigation in USA, Germany and Iran
Author :Mina Safianboldaji
Article Citation :Mina Safianboldaji ,
(2018 ) " A Comparative Study of Right to Silence in Criminal Investigation in USA, Germany and Iran " ,
International Journal of Management and Applied Science (IJMAS) ,
pp. 1-3,
Volume-4,Issue-9
Abstract : 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
to guilt.
Keywords: Right to Silence, Criminal Investigation, Police, Adverse Inference.
Type : Research paper
Published : Volume-4,Issue-9
DOIONLINE NO - IJMAS-IRAJ-DOIONLINE-13602
View Here
Copyright: © Institute of Research and Journals
|
|
| |
|
PDF |
| |
Viewed - 54 |
| |
Published on 2018-11-22 |
|