نوع مقاله : علمی - پژوهشی
دانشیار گروه حقوق دانشگاه پیامنور، تهران، ایران
عنوان مقاله [English]
Defendant's right to silence is a guarantee of his defense rights and is in direct connection with the principle of Self-Incrimination. This situation is different by requirements function in criminal law of Iran and United States Jurisprudence. Study of the relationship between the right to silence and the principle of self-incrimination in criminal law of Iran and the United States Jurisprudence, and precondition for the detention of the accused and how it is cited in the conviction of the accused, with regard to possible safeguards, is subject of this article. Main question of this research is what is the relationship between the principle of self-incrimination and the declaration of the right of silence to the accused in criminal law and its safeguard? Findings of this research show that the principle of self-incrimination and the observance of the defendant's right to silence are both parts of fair trial’s coin. Observance of the right to silence and the principle of self-incrimination are separate in Iran's criminal law and non-distorted based on their own, but are not subject to any preconditions. United States Jurisprudence have interpreted the principle of Self-Incrimination as set forth right to silence in the fifth Constitution Amendment, and they are subordinate to same guarantee of insubstantiated statements made by the accused, but believes precondition for them.