The right to silence means that the accused is not obliged to incriminate himself or herself, and can choose not to answer questions asked by the authorities during the investigation and criminal trial. This right is linked to the principle of presumption of innocence, according to which a person is presumed innocent until proven guilty.
In principle, the fact that an accused person exercises his or her right to remain silent should not be interpreted as an admission of guilt or as an incriminating or aggravating circumstance. The prosecuting authorities, and the courts in particular, must therefore respect this right and not draw negative conclusions from the silence of the accused.
But every principle has its exceptions. Indeed, in certain circumstances, silence can be taken into account in the overall assessment of the evidence, or even become an incriminating circumstance. This is what we call the boomerang effect of the right to silence.
Find more information on this topic on our your rights page or contact one of our lawyers.
