Traduction de «Droit de ne pas s'incriminer » (Français → Anglais) :

In order to determine whether the right to remain silent or the right not to incriminate oneself has been violated, the interpretation by the European Court of Human Rights of the right to a fair trial under the ECHR should be taken into account.

(a) Certain aspects of the right to the presumption of innocence in criminal proceedings, such as the right not to be presented as guilty by the authorities before the final judgment, ensuring that the burden of proof rests with the prosecution and that the accused receive the benefit of any reasonable doubt as to their guilt, the right to be informed of the charges in criminal proceedings, as well as other related rights, such as the right of those concerned not to incriminate themselves, the right to refuse cooperation, the right to remain silent, the right not to acknowledge guilt, the right not to be compelled to testify against them ...[+++]selves, the right to liberty and the right not to be placed in pre-trial detention, these rights being the essence of what constitutes a fair trial under Article 6 ECHR;

(a) the resumption of the case from the initial stage, where necessary, in accordance with the minimum rules and all the rights provided for in this Directive: the right not to be presented as guilty by public authorities before the final irrevocable judgment, the fact that the burden of proof is on the prosecution and that any reasonable doubt as to guilt should benefit the accused, the right not to incriminate oneself, the right not to cooperate and the right to remain silent, and the right to be present at one's trial;

In order to determine whether the right to remain silent or the right not to incriminate oneself has been violated, the interpretation by the European Court of Human Rights of the right to a fair trial under the ECHR should be taken into account.

The proposal therefore focuses mainly on the principle of presumption of innocence, the burden of proof, the right not to incriminate oneself and not to cooperate, the right to remain silent, the right to be present at one's trial and the right to a retrial.

The European Court of Human Rights has on numerous occasions condemned Member States for violating Article 6 of the European Convention on Human Rights (undermining the right of defence): Denmark, France and Italy (five times) for the excessive length of the legal proceedings; Portugal and Belgium for the absence of an adversary procedure; France for the absence of impartial judgment; Austria for the inequitable nature of a penal procedure; the United Kingdom for violating the right of a defendant not to incriminate himself and insufficient legal aid (twice).