993:) (sections 60.2, 150, 265, and more) sets out a right for anyone against whom criminal proceedings has been initiated or suspicions raised to remain silent. Upon arrest and before first interrogation of a person against whom any (official or unofficial) suspicion has been raised in a criminal case, such person must be warned of his or her right to remain silent, and that everything such person says may be used against that person in a criminal proceedings. Witnesses, victims and persons whose property rights has been affected by criminal proceedings has a right not to incriminate oneself and his or her relatives and not to give any information that is directly or indirectly self-incriminating or may incriminate such persons' relatives. Refusal to testify or answer all or any questions on the basis of right against self-incrimination cannot be used against such person in any way or be used as evidence of guilt. No judge, prosecutor, investigator or any other public body may draw adverse inferences about a person from exercising a right against self-incrimination. Outside criminal proceedings right against self-incrimination is honored as long-standing unwritten general principle of law in all quasi-criminal (such as administrative offense law) and public proceedings, which has been repeatedly upheld by legal precedent and case law.
831:, according to Sections 28 (Hearing arguments of the detainee) and Section 31 (Explanation of rights to the detainee) of the Criminal Procedure Law (Enforcement Authority—Arrests) 1996, an officer interrogating/arresting a suspect must duly warn him first that he does not have to say any thing that may incriminate him, and that any thing he will say may be used against him. According to Israeli law, the exercise of the right to remain silent may be considered as supplemental evidence in most cases, and this fact also needs to be explained to the suspect. Also the officer needs to inform the suspect that he has the right to notify a family member or acquaintance and a lawyer of his arrest, his right for counsel, and the duration he can be held before he is released or brought before a judge.
508:. Article 93 of the Criminal Procedure Law states that "The criminal suspect shall answer the investigators' questions truthfully, but he shall have the right to refuse to answer any questions that are irrelevant to the case." But since the 1996 amendments to the Criminal Procedure Law, Article 15 states that "It shall be strictly prohibited to extort confessions by torture, gather evidence by threat, enticement, deceit, or other illegal means, or force anyone to commit self-incrimination." In 2012 the law was also re-amended to include clauses that protect human rights. China has recognized the right against self-incrimination and forced confessions are prohibited by law. The signing of the
1100:§119: The court may not hear evidence from a priest in the Norwegian Church, or indeed any priest or similar in any registered faith, lawyers, defence attorneys, arbitrators in marriage affairs, medical doctors, psychologists, nurses, midwives or apothecaries, except with the explicit permission of the person entitled to silence, concerning anything they have learnt during the performance of their function. The above does not apply if testimony is required to prevent someone from being wrongfully convicted(§119). Catholic priests have refused to testify about information obtained in confession even in these cases, and the Supreme Court has not sanctioned this.
463:
attempting to obtain evidence until the suspect has had a reasonable opportunity to contact legal counsel. However, after that opportunity has been exhausted, there is no guarantee of further access until the interrogation is over. Additionally, even if the suspect directly asserts his decision to remain silent, the police may continue the interrogation. There is no automatic exclusion of evidence obtained after such an assertion, however it risks breaching the confessions rule if a court finds that it created reasonable doubt to whether the confession was obtained under "oppressive conditions," a determination which is made upon the totality of evidence.
3530:"ในกรณีที่เจ้าพนักงานเป็นผู้จับ ต้องแจ้งข้อกล่าวหาให้ผู้ถูกจับทราบ หากมีหมายจับให้แสดงต่อผู้ถูกจับ พร้อมทั้งแจ้งด้วยว่า ผู้ถูกจับมีสิทธิที่จะไม่ให้การหรือให้การก็ได้และถ้อยคำของผู้ถูกจับนั้นอาจใช้เป็นพยานหลักฐานในการพิจารณาคดีได้และผู้ถูกจับมีสิทธิที่จะพบและปรึกษาทนายความ หรือผู้ซึ่งจะเป็นทนายความ ถ้าผู้ถูกจับประสงค์จะแจ้งให้ญาติหรือผู้ซึ่งตนไว้วางใจทราบถึงการจับกุมที่สามารถดำเนินการได้โดยสะดวกและไม่เป็นการขัดขวางการจับหรือการควบคุมผู้ถูกจับหรือทำให้เกิดความไม่ปลอดภัยแก่บุคคลหนึ่งบุคคลใด ก็ให้เจ้าพนักงานอนุญาตให้ผู้ถูกจับดำเนินการได้ตามสมควรแก่กรณี ในการนี้ให้เจ้าพนักงานผู้จับนั้นบันทึกการจับดังกล่าวไว้ด้วย
171:
defendants, a criminal accused who remained silent was often believed to be guilty and was sentenced. Nevertheless, it remained a basic right available to the accused and has been an accepted practice over the past few centuries. In
England, the practice of judicial questioning of accused persons at trial (as distinct from questioning prior to trial), did not really disappear until well into the 18th century, but by the 19th century, the accused were not allowed to give evidence on oath even if they wanted to – also said to be a reaction to the inequities of the Star Chamber and High Commission.
472:, where a person in police custody invoked his right to silence 18 times yet was continually questioned. In a 5–4 majority, the Canadian Supreme Court ruled that there was no ancillary right under section 7 to have the police stop questioning a suspect after the asserted their right to silence. The court did, however, acknowledge that repeated police questioning after a defendant has asserted their right to silence raises doubts regarding the admissibility of further evidence under the confessions rule, though that was not the finding in the case. Another Supreme Court case,
203:
While differing slightly from the wording used in the US, the intent is identical and comes from the inherited tradition of law. However, in
Australia for instance, anything said by the accused under police questioning while in custody will generally not be accepted into evidence unless it is corroborated, generally by audio or video record. Australian police all wear chest cams as part of their standard issue, and turn them on with every interaction, so that they record and provide such evidence.
856:
2004:
questions posed are potentially self-incriminating. Only if granted immunity by the state, in a formal proceeding, from having any testimony or evidence derived from the testimony used against him or her, can a person be compelled to answer over an assertion of this right. If police detain (or arrest) a person, they must advise him or her that he or she has a right to remain silent, and the right to an attorney, among other rights. (This is known as the
3857:
4466:
1601:
conducted by a private citizen, the administrative or police officer receiving the arrestee shall draw up a record of the name, occupation and address of the citizen, including the information and circumstances as to the arrest as well, and require the citizen to sign such record. The officer shall then inform the male arrestee of the charge and detailed grounds for his arrest, and enlighten him that
1695:
verify legality of the apprehension; submit complaints against actions and decisions of the officer who conducts operational-detective activities, inquirer, investigator, and prosecutor, and, with appropriate grounds present, have his/her security ensured. The fact that the suspect was advised of his/her rights is entered into the record of apprehension or decision to impose a measure of restraint.
3543:(๒) ในกรณีที่ราษฎรเป็นผู้จับ ให้พนักงานฝ่ายปกครองหรือตำรวจซึ่งรับมอบตัวบันทึกชื่อ อาชีพ ที่อยู่ของผู้จับ อีกทั้งข้อความและพฤติการณ์แห่งการจับนั้นไว้ และให้ผู้จับลงลายมือชื่อกำกับไว้เป็นสำคัญเพื่อดำเนินการแจ้งข้อกล่าวหาและรายละเอียดแห่งการจับให้ผู้ถูกจับทราบและแจ้งให้ผู้ถูกจับทราบด้วยว่าผู้ถูกจับมีสิทธิที่จะไม่ให้การหรือให้การก็ได้ และถ้อยคำของผู้ถูกจับอาจใช้เป็นพยานหลักฐานในการพิจารณาคดีได้"
3554:
1958:
give personal details also exists in Scots law under section 13 of the
Criminal Procedure (Scotland) Act 1995, which provides that a person suspected to have committed, or suspected of having been witness to, an offence must provide the aforementioned details to a constable upon being required to do so. Failure to provide said details under section 13 is a criminal offence.
1821:. These provided that, when a police member had admissible evidence to suspect a person of an offence and wished to question that suspect about an offence, the officer should first caution the person that he was entitled to remain silent. However, the warning about the possibility of anything the male suspect said being potentially used against him predates even that.
1002:
the right to put somebody under arrest, but they have to hand over the suspect immediately to the police officer who will read the rights of the suspect later in the station. The rights are: to remain silent, the right to have an attorney, the right to have access to some files coming from the criminal dossier, and the right to make contact to an attorney.
86:
1104:§122: A defendants spouse, relatives in directly ascending or descending order, siblings and their spouses are not required to give testimony. The same applies to separated or divorced spouses, or people living in a "marriage like" relationship, e.g. common-law marriages. The court may extend this right to fiancees, foster-parents/children/siblings.
1079:. He tika tāu ki te noho wahangū. Kāore he here i runga i a koe ki te whakaputa kōrero. Ka hopukina ō kōrero, ā, tērā pea ka whakaputahia hei taunakitanga i te kōti. He tika tāu ki te kōrero wawe ki tētahi rōia i roto i te tapu i mua i te whakarite ki te whakautu pātai. He rārangi rōia tā ngā pirihimana hei kōrerotanga māu mō te kore utu.
392:
Statements made to police officers during undercover operations almost always comply with the confessions rule unless the conduct of the police was deemed so egregious that it would "shock the community." However, section 7 rights might still become implicated in the case of elicitation, after which a court could only admit the statement
723:) a suspect, arrested or not, has to be informed before any interrogation about their right to remain silent. Though the police and courts may not draw inference from the complete silence of the accused in any stage of criminal proceedings, inference may be drawn if the accused is selectively silent. Suspects cannot be heard under oath.
211:, which also became increasingly entrenched in the US following the American Revolution, gave defendants a practical method of mounting a defense while remaining silent, and the development of the modern police force in the early 19th century opened up the question of pretrial silence for the first time. The key American case of
696:. Such witnesses must be assisted by an attorney, and must be informed of these rights when heard by the judiciary. Suspects brought before a Juge d'instruction must be informed of their right to remain silent, to make statements, or to answer questions. In all cases, an attorney can be designated by the head of the
528:. Article 37, clause 1 states that "everyone has the right to refuse a statement if he/she would cause risk of prosecution of himself/herself or a close person". In Article 40, clause 4, it is stated that "an accused person has the right to refuse a statement; he/she must not be deprived of this right in any way".
1153:
counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the investigating officer.
633:) must be informed of the maximal duration of the custody, and a number of rights, in a language that this person understands. Among these rights are: the possibility of warning a relative or employer of the custody, that of asking to be examined by a physician, and that of discussing the case with a lawyer.
1840:... an innocent person might well, either from excessive caution or for some other reason, decline to say anything when charged and cautioned, and if it were possible to hold that out to a jury as a ground on which they might find a man guilty, it is obvious that innocent persons might be in great peril.
2018:
You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. If you cannot afford an attorney, one will be appointed for
1989:
provides that no person shall be compelled in any criminal case to be a witness against themself. At trial, the prosecution can neither call the defendant as a witness, nor comment on the defendant's failure to testify. Whether to testify or not is exclusively the privilege of the defendant, although
1881:
You do not have to say anything unless you wish to do so, but I must warn you that if you fail to mention any fact which you rely on in your defence in court, your failure to take this opportunity to mention it may be treated in court as supporting any relevant evidence against you. If you do wish to
1139:
Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights
495:
In the past, most cases, except for certain sex offences or where the victims were children, spouses could not be compelled to testify against each other. However, after Bill C-32, The Victim's Bill of Rights Act, this is no longer the case. Spouses retain the right to assert privilege, and to refuse
343:
be read out to the detained person if he wants to voluntarily confess to the charges; in this case, a
Magistrate must read and explain the confessor's right to silence and protection from self-implication, and attest to the fact that the rights of the confessor were read out to him and explained, and
335:
compels arresting authorities to inform the accused of the accusations brought against him before he is detained, and that the detained must be presented to the nearest court within 24 hours. Exceptions to this rule include preventive detention and the arrest of an enemy alien. Right to counsel is an
1415:
In this jurisdiction, a number of statutory measures have re-interpreted the right to silence, such as the
Criminal Justice Act 1984, the Criminal Justice (Drug Trafficking) Act, 1998 and the Offences Against the State (Amendment) Act, 1998. The general effect of some of these measures is to provide
1240:
The person arrested, detained, invited or under custodial investigation must be informed in a language known to and understood by him of the reason for the arrest and he must be shown the warrant of arrest, if any; Every other warnings, information or communication must be in a language known to and
1001:
In the
Netherlands, each accused suspect has the right to remain silent to questions of the police and the prosecutor, during interrogation or investigation at the hearing. According to Dutch law, only the police officer will read the rights of the suspect in the police station. Security guards have
814:
guarantees every person the right against self incrimination under
Article 20 (3): "No person accused of any offence shall be compelled to be a witness against himself". It is well established that the Right against self incrimination has been granted to the accused by virtue of the pronouncement in
552:
The
European law ensures that people suspected of a criminal offence receive adequate information about their basic rights during criminal proceedings. These are the right to a lawyer; to be informed of the charge; to interpretation and translation for those who do not understand the language of the
462:
of the
Charter guarantees the right to be provided legal counsel, Canadian law only entitles criminal suspects under the age of 18 to have counsel actually be present throughout the entire interrogation. Once an adult suspect has asserted their right to counsel, the police are obliged to hold off in
417:
The
Canadian Charter warning reads (varies by police service): "You are under arrest for _________ (charge); do you understand? You have the right to retain and instruct counsel without delay. We will provide you with a toll-free telephone lawyer referral service, if you do not have your own lawyer.
1828:
AC 599 that an admission or confession made by the accused to the police would only be admissible in evidence if the prosecution could establish that it had been voluntary. An admission or confession is only voluntary if made in the exercise of a free choice about whether to speak or remain silent:
1600:
An officer or private citizen conducting an arrest must without delay bring the arrestee to the judicial police office under section 83. Upon arriving there, the arrestee must be delivered to an administrative or police officer thereof to further be dealt with as follows: (2) In cases the arrest is
1432:
grants everyone the right to not witness against either themselves or against their spouses and close relatives. As the decision whether or not an answer to a particular question would lead to (self)incrimination is left to the discretion of the person being questioned, this clause allows to remain
1292:
You are arrested for the crime of _________ (or by virtue of Warrant of Arrest, showing him the warrant as it is practicable) You have the right to remain silent. Any statement you make may be used for or against you in a court of law . You have the right to have a competent and independent counsel
1152:
Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent
758:
However, the German constitutional court has decided that the much more strict UK laws, in which complete silence of the accused can be used against him depending on additional evidence, are compatible with the German constitution. Thus, Germany may extradite persons to the UK. It also implies that
1591:
If the arrestee wishes to inform his relative or intimate of his arrest and the fulfillment of his wish would not be difficult and not be disruptive to his arrest or restraint or detrimental to any person, the officer shall allow the arrestee to so fulfill to the extent reasonable according to the
1445:
requires that any arrested person be informed of their right to remain silent and the consequences of not remaining silent, their right to choose and consult with a legal practitioner, and their right to have a legal practitioner assigned to the detained person by the state and at state expense if
430:
who can give you legal advice in private. This advice is given without charge and the lawyer can explain the legal aid plan to you. If you wish to contact a legal aid duty lawyer, I can provide you with a telephone number. Do you understand? Do you want to call a lawyer? You are not obliged to say
202:
ruling) and inform arrested persons that they do not have to answer any questions but that whatever they do say (or do) can be used in court as evidence. The police must also determine whether the arrested persons understand these rights. Any failure to do so can jeopardize a criminal prosecution.
182:
nations, the United States and the Republic of Ireland) the right to silence has remained enshrined in the common-law tradition inherited from England, although it no longer applies in England and Wales, where remaining silent can be considered a sign of guilt by juries. NB Scots law, which is not
1957:
The only exception to this rule is that a person must state, upon being required to do so, their name, address, date of birth, place of birth (in such detail as a constable considers necessary or expedient for the purpose of establishing the person's identity), and nationality. The requirement to
1694:
The suspect has the right to: know what he/she is suspected of; give testimonies or refuse testifying and answering questions; have a defense counsel and meet him/her before the first examination; produce evidence; submit motions and propose disqualifications; request that the court or prosecutor
170:
However, the right to silence was not always a practical reality for all accused in the English courts for some period afterwards. With limited access to legal counsel (often depending on the social status of the accused), a shifting standard of proof, and a system generally distrustful of silent
1899:
The Criminal Evidence (Northern Ireland) Order 1988 provided for adverse inferences being drawn for failure to mention something prior to being charged to an offence. The Criminal Procedure (Amendment) Rules 2009/2087 which came into effect on 5 October 2009, and replaced the Criminal Procedure
391:
These rights to silence exist only when the suspect is knowingly dealing with a person in authority. When the subject is unaware he is dealing with the police, such as in the case of an undercover operation, these protections do not exist unless the authority figure actively elicits a statement.
206:
As in the US, suspects in some Commonwealth countries are also entitled to have counsel present during questioning. In the United Kingdom, laws introduced, have the suspects told they have the right to remain silent, but are now also cautioned that anything they do not reveal in questioning, but
194:
The right to silence spread to many nations of the British Empire. The two different but diverging paths along which these rights evolved and operate in Anglo-American jurisprudence (one through rights expressed in an entrenched constitution, the other in Acts of Parliament specifying rights or
2019:
you before any questioning if you wish. If you decide to answer questions now without an attorney present, you have the right to stop answering at any time. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
158:
After the parliamentary revolutions of the late 17th century, according to some historical accounts, the right to silence became established in the law as a reaction to the excesses of the royal inquisitions in these courts. The rejection of the procedures of the Courts of Star Chamber and High
1063:
I am speaking to you about/You have been detained for/You have been arrested for . You have the right to remain silent. You do not have to make any statement. Anything you say will be recorded and may be given in evidence in court. You have the right to speak with a lawyer without delay and in
72:
oath. In the late 17th century, it became established in the law of England as a reaction to the excesses of the royal inquisitions in these courts. In the United States, informing suspects of their right to remain silent and of the consequences for giving up that right forms a key part of the
2003:
Outside the context of lawful detention or arrest, a person has no duty to answer any questions of the police. If judicial compulsion is sought by the State, the person can still invoke his or her Fifth Amendment right against compulsory self-incrimination, and refuse to testify if answers to
3715:
No adverse inference can be drawn at trial from a suspect's silence when questioned or charged by the police. Inferences from silence during police interview are prohibited, especially where a suspect has been cautioned. The terms of the caution deprive a failure to respond of any evidential
1215:
There being no evidence presented to show that said confession were obtained as a result of violence, torture, maltreatment, intimidation, threat or promise of reward or leniency nor that the investigating officer could have been motivated to concoct the facts narrated in said affidavit; the
261:
Australia has no constitutional protection for the right to silence, but it is broadly recognized by State and Federal Crimes Acts and Codes and is regarded by the courts as an important common law right and a part of the privilege against self-incrimination. In general, criminal suspects in
1671:
Inquirer, investigator, prosecutor, judge, and court, before the first examination of the suspect, accused, and defendant, are required to advise them of the right to have a defense counsel and draw up an appropriate record thereon, as well as provide the suspect, accused, and defendant the
1296:
Ikaw ay inaaresto sa salang _________ (o sa pamamagitan ng kautusan ng pag-aresto, ipakita ito kung nararapat). Ikaw ay may karapatang manahimik o magsawalang kibo. Anuman ang iyong sabihin ay maaring gamitin pabor o laban sa iyo sa anumang hukuman. Ikaw ay mayroon ding karapatang kumuha ng
1265:
every police officer, either on board a mobile car, motorcycle or on foot patrol must always carry with him a police notebook, a pen and the Miranda Warning card. The notebook, which is approximately pocket-sized, will be used to inscribe important events that transpire during his tour of
754:
A person against which exist plausible causes of suspicion can be interrogated as an ordinary witness in criminal proceedings against another person. However, in this case according to § 55 StPO, the witness can refuse to answer questions which could incriminate themselves (or one of their
1648:
Everyone arrested or detained shall be informed without delay of the reasons for his or her arrest or detention, apprised of his or her rights, and from the moment of detention shall be given the opportunity to personally defend himself or herself, or to have the legal assistance of a
491:
guarantees that witnesses may not have any incriminating evidence they gave as testimony used against them in separate proceedings. In effect, a person can be compelled to give involuntary self-incriminating evidence, but only where that evidence is to be used against a third party.
324:, except in Article 35(4) of the Constitution, which protects individuals from self-implication. To facilitate protection from self-implication, Bangladesh Penal Code makes an exception in cases of confessions, in which case, the Magistrate obtaining a confession under Section 164
3652:
A court can draw an adverse inference from a defendant's silence in circumstances as set out in sections 34 to 37 Criminal Justice and Public Order Act 1994. Section 34 allows an inference to be drawn when a suspect is silent when questioned under caution prior to charge (section
1088:
According to Straffeprosessloven (Criminal Procedures Code), a defendant cannot be obliged to testify(§90). Further; no promises, inaccurate information, threats or coercion can be used. The same applies to any means which reduces the defendants consciousness or his ability to
1579:
Sections 83 and 84 of the Thai Code of Criminal Procedure, which have been amended by the Act Amending the Criminal Procedure Code (No. 22), BE 2547 (2004), require the police officers who conduct the arrests to inform the arrestees of their right against self-incrimination.
1250:
He must be informed that if he has no lawyer or cannot afford the services of a lawyer, one will be provided for him; and that a lawyer may also be engaged by any person in his behalf, or may be appointed by the court upon petition of the person arrested or one acting in his
1707:
However, there are no clear regulations on how the rights should be announced. This is commonly made by reading them out when announcing the decision on instituting criminal proceedings or arrest and then requiring a suspect or arrestee to sign the list of these rights.
815:
the case of Nandini Sathpathy vs P. L. Dani, no one can forcibly extract statements from the accused, who has the right against self incrimination, not only in the court of law but also during interrogation. In 2010, the Supreme court found that forced narco-analysis,
1922:(1996); "To deny access to a lawyer for the first 48 hours of police questioning, in a situation where the rights of the defense may well be irretrievably prejudiced, is – whatever the justification for such denial – incompatible with the rights of the accused under
1005:
The accused must co-operate in providing material which exists independent of the will of a suspect. For example, a suspect must co-operate in giving a blood, breath, or DNA sample. A suspect can also be compelled to provide biometric access to electronic devices.
300:
may not be drawn about the defendant's culpability, where he/she does not answer police questions. While this is the common law position, it is buttressed by various legislative provisions. Some investigations can strip the right, such as those undertaken by the
1207:. Mahinay claimed that the police officers attacked him and threatened to kill him if he would not confess, and they did not inform him of his right to remain silent until after he had already confessed and all that remained was to sign the confession.
388:, any statements they make to police are considered involuntarily compelled and are inadmissible as evidence. After being informed of the right to counsel, the accused may choose to voluntarily answer questions and those statements would be admissible.
1861:). In other words, the jury is entitled to infer that the accused fabricated the explanation at a later date, as he refused to provide the explanation during police questioning. The jury is also free to make no such inference. The new caution is:
544:
the laws of all the states of the Union has resulted in the adoption a common letter of rights that will apply to everyone across the European Union. The agreed law—also known as "the Reding Rights" taking the name of the EU Justice Commissioner
1903:
The scope of emergency legislation in Northern Ireland includes limitations on the right to silence, extended police detention powers and limitations on a suspect's right to legal counsel at time of arrest which can all impact upon a suspect's
1517:(Penal procedure code) article 520.2, the suspect must be informed of the charges leading to his/her detention, as well as the reasons for being deprived of his/her freedom. Additionally, the individual must be advised of the following rights:
549:, who has proposed and negotiated the measure to become law across the entire European Union—will mean that suspects in the European Union will once detained receive a "Letter of Rights listing their basic rights during criminal proceedings".
48:
The right covers a number of issues centered on the right of the accused or the defendant to refuse to comment or provide an answer when questioned, either prior to or during legal proceedings in a court of law. This can be the right to avoid
425:
I am arresting you for (charge). It is my duty to inform you that you have the right to retain and instruct counsel without delay. You may call any lawyer you want. There is a 24-hour telephone service available which provides a legal aid
2053:
warning, and in essence provides greater protections. This is one difference between civilian and military justice in the United States, and many other nations have similar corollary rules regarding military justice vs. civilian justice.
3539:"เจ้าพนักงานหรือราษฎรผู้ทำการจับต้องเอาตัวผู้ถูกจับไปยังที่ทำการของพนักงานสอบสวนตามมาตรา ๘๓ โดยทันที และเมื่อถึงที่นั้นแล้ว ให้ส่งตัวผู้ถูกจับแก่พนักงานฝ่ายปกครองหรือตำรวจของที่ทำการของพนักงานสอบสวนดังกล่าว เพื่อดำเนินการดังต่อไปนี้
900:, is a useful starting point for translations, but translators must revise errors as necessary and confirm that the translation is accurate, rather than simply copy-pasting machine-translated text into the English Knowledge (XXG).
586:
and Council in December 2011. The European Union Directive was published officially on 1 June 2012 in the Official Journal of the European Union L 142, 1 June 2012. It became operational across the European Union by 2 June 2014.
142:
oath is seen as the origin of the right to silence. With his decision that common law courts could issue writs of prohibition against such oaths and his arguments that such oaths were contrary to the common law (as found in his
648:
At the actual trial, a defendant can be compelled to make a statement. However, the code also prohibits hearing a suspect under oath; thus, a suspect may say whatever he feels fit for his defense, without fear of sanction for
1856:
came into force. Under Code C the right to silence was amended by allowing adverse inferences to be drawn at a court hearing in cases where a suspect refuses to explain something, and then later produces an explanation (see
644:
hears a suspect, he must warn him that he has the right to remain silent, to make a statement, or to answer questions. A person against which suspicions lay cannot legally be interrogated by justice as an ordinary witness.
195:
protections at common law) can be seen today in Commonwealth nations like New Zealand, where police officers are still required at common law to issue "Miranda-style" warnings (but which are completely unrelated to the US
1102:§121: Even if the relationship is not regulated by §119, the courts may relieve a witness of the duty to testify concerning information obtained in counseling, social work, medical care, judicial assistance "or similar".
1530:
Right to inform a member of his/her family or a person of his/her choosing regarding the detention as well as their location, at any moment of the proceedings. Foreigners have the right to contact their consulate in
842:, a court of nine ruled that the defendant's confession, given without proper warning regarding the right of representation, was not considered as given with consent and free will, and was not accepted by the court.
1093:. Any interrogation must not have as a goal to wear out the defendant(§92). However, if the defendant decides not to testify, the judge may advise him that it may in certain circumstances be held against him(§93).
3541:(๑) ในกรณีที่เจ้าพนักงานเป็นผู้จับให้เจ้าพนักงานผู้จับนั้นแจ้งข้อกล่าวหา และรายละเอียดเกี่ยวกับเหตุแห่งการจับให้ผู้ถูกจับทราบ ถ้ามีหมายจับให้แจ้งให้ผู้ถูกจับทราบและอ่านให้ฟังและมอบสำเนาบันทึกการจับแก่ผู้ถูกจับนั้น
234:
justice systems, the right to silence spread across continental Europe, in some form, throughout the late 20th century, due to developments in international law which had an increasing universalisation of certain
886:
1411:
In the Republic of Ireland, the Supreme Court held that the right was not only a common law right but also a constitutional right which might however be validly limited by legislation (O'Leary v AG 1 IR 254).
607:
the right to remain silent under police questioning and the privilege against self-incrimination are generally recognized international standards which lie at the heart of the notion of a fair procedure under
1210:
There was no physical evidence to back up Mahinay's claims, and his attorney claimed that Mahinay was read his rights before he confessed. In its decision to affirm Mahinay's conviction, the court declared:
3316:
1175:
Punishments for law enforcement officers who fail to read suspects their rights, under RA7438, are severe: besides a fine of 6,000 Philippine pesos, officials may be jailed for between eight and ten years.
451:, the warning is read in either English or French, and the officer is required to ask the person's language of preference before issuing the warning. In the rest of Canada, the Charter warning is read in
163:, "that no man is bound to incriminate himself, on any charge (no matter how properly instituted), or in any Court (not merely in the ecclesiastical or Star Chamber tribunals)". It was extended during the
1778:
There may be no conviction based wholly on silence. Where inferences may be drawn from silence, the court must direct the jury as to the limits to the inferences which may properly be drawn from silence.
1163:
Section 17 of the Bill of Rights further states that "o person shall be compelled to be a witness against himself", meaning a person has the right not to serve as a witness in cases in which they are the
2689:
910:
484:
2659:"See Article 11 in Official Journal of the European Union L 142/1: DIRECTIVE 2012/13/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 22 May 2012 on the right to information in criminal proceedings"
1589:
he has the right to remain silent, that anything he says can and will be used as evidence in a trial, and that he also has the right to meet and confer with a counsel or person to become his counsel.
435:
Section 14 of the Charter further provides that a translator must be made available so that the person can understand the proceedings against them. This right to a translator extends to the deaf. In
1797:(RIPA), it is an offence to fail to disclose when requested the key to encrypted data (with a penalty of two years in prison, or five years with regards to child sex abuse cases). Schedule 7 of the
1308:
Ikaw ay may karapatang magpatingin sa isang mapagkakatiwalaang doktor na sarili mong pinili. Kung wala kang kakayahang kumuha ng iyong doktor, ikaw ay pagkakalooban ng libre ng estado o pamahalaan.
357:
4344:
353:
2011:.) If the detained person invokes these rights, all interrogation must cease, and ordinarily nothing said by the defendant in violation of this rule may be admitted against him or her at trial.
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A person shall not bear responsibility for refusing to testify or to explain anything about himself or herself, members of his or her family or close relatives in the degree determined by law.
302:
1865:
You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence.
1403:, failure to recite either the Miranda or anti-torture warnings above can result in "dismissal of the case against the suspect and filing of administrative case for the arresting police ."
1305:
You have the right to demand physical examination by an independent and competent doctor of your choice. If you cannot afford the services of a doctor, the state shall provide one for you.
459:
393:
262:
Australia have the right to refuse to answer questions posed to them by police before trial and to refuse to give evidence at trial. As a general rule judges cannot direct juries to draw
328:
explain the confessor's right to silence, and must attest to the fact that the rights of the confessor were read out to him and explained, and the confessor waived his right of silence.
2908:
2029:
that, prior to being arrested, an individual must specifically invoke the Fifth Amendment right to "remain silent", otherwise selective silence can be used against him or her in court.
2129:
1990:
defendants were originally not allowed to testify on their own behalf at all. An 1864 appropriations act allowed defendants to do so while removing race restrictions, and the 1987
2921:
1918:
declared that the fair trial guarantee encompassed the entire legal process from the moment of arrest through to conviction. The ECHR addressed this issue in a limited context in
1025:. The Evidence Act 2006 explicitly prohibits the inference of guilt in a criminal proceeding from a defendant exercising their right to silence. At common law the leading case is
2724:
2068:
1923:
609:
509:
31:
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2045:(UCMJ). Under the UCMJ, sworn military personnel, whether of enlisted, warrant or commissioned rank, have a right to remain silent that was established 16 years before the
191:
to the Constitution, along with the words "due process", which was first mentioned in a statute of Edward III in 1354 and contains similar wording to the Fifth Amendment.
1786:, the right to silence has been reduced by virtue of Section 2 of the Criminal Justice Act 1987. The right has also been reduced for those accused of terrorist offences.
688:
The lawyer has the right to access some of the documents related to the procedure and to be present at any police interview of the suspect made by the police (Article 8).
53:
or the right to remain silent when questioned. The right may include the provision that adverse inferences cannot be made by the judge or jury regarding the refusal by a
2063:
1986:
1974:
188:
1039:
imposes or authorises the imposition of a duty to the contrary, every citizen has in general a right to refuse to answer questions from anyone, including an official."
4337:
3883:
1106:§123: A witness may refuse to answer questions leading to self-incrimination either for the witness itself, or for anyone related to the witness as described by §122.
1587:
In cases an arrest is conducted by an officer, the officer must inform the arrestee of the charge, produce to him a warrant of arrest, if any, and enlighten him that
1384:. Distribution of the translated warnings to law enforcement officers will occur via a publicly available mobile app, according to the officer-in-charge of PNP-HRAO,
3514:
1869:
If questioning is forthcoming, "when questioned" may be replaced with "now". In cases in which the suspect has clearly nothing to gain by failing to remain silent:
1703:
Court, prosecutor, investigator and the inquirer are required to advise participants to the case of their rights and to ensure the possibility to enjoy such rights.
1450:
rules prescribe that arrested people be given a Form 14A "Notice of Rights in Terms of the Constitution" which describes these and other rights of arrested people.
118:
by which they swore to truthfully answer the questions to be put before them without knowing what they were being accused of. This created what has been termed the
57:
to answer questions before or during a trial, hearing or any other legal proceeding. This right constitutes only a small part of the defendant's rights as a whole.
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3373:
3325:
4770:
4294:
2594:
1247:
He must be informed that he has the right to be assisted at all times and have the presence of an independent and competent lawyer, preferably of his own choice;
578:—"the Reding Rights"—a printed document given to suspects after they are detained and before interrogation. The European Union law, proposed in July 2010 by the
1454:
1420:
custody. The Criminal Justice Act 2006 also affects the right to silence, in that it permits inferences to be drawn from silence where no solicitor is present.
775:
in 1992, stipulate that the caution to be used to remind a suspect of his right to remain silent when he is questioned. The statement can be read in English,
1624:
No one shall be compelled to make a statement that would incriminate himself/herself or his/her legal next of kin, or to present such incriminating evidence.
2621:"European Commission Press Release – Fair trial rights: Suspects to receive a 'letter of rights' in criminal proceedings following European Parliament vote"
1900:
Rules 2005, Pt 24 provides for post-charge questioning. This can be applied for failure to mention facts after a suspect has been charged with an offence.
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fails to account on arrest for objects, substances or marks on his person, clothing or footwear, in his possession, or in the place where he is arrested; or
4740:
4330:
1794:
2393:
1758:
1720:
it is possible for an adverse inference to be drawn from an accused person's silence during questioning. The same is true for Northern Ireland under the
792:
525:
4103:
1293:
preferably of your own choice, and if you cannot afford the services of a counsel, the government will provide you one. Do you understand these rights?
479:
Although an accused has the right to remain silent and may not be compelled to testify against themselves, where an accused freely chooses to take the
187:. However, it was considered one of the most important safeguards protecting citizens against arbitrary actions of the state, and was enshrined in the
2909:
https://legalfly.in/nandini-satpathy-v-pldani-case-right-to-silence/#:~:text=P.L.%20Dani-,Nandini%20Satpathy%20v.,her%20position%20while%20in%20office
45:
from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
2569:
1765:
fails to mention any fact which he later relies upon and which in the circumstances at the time the accused could reasonably be expected to mention;
1323:
920:
Do not translate text that appears unreliable or low-quality. If possible, verify the text with references provided in the foreign-language article.
653:. This prohibition is extended to the suspect's spouse and members of his close family (this extension of the prohibition may be waived if both the
293:
4201:
3557:
1663:
A convicted person enjoys all human and citizens' rights, with the exception of restrictions determined by law and established by a court verdict.
928:
488:
361:
3141:
1550:, which entered into force in 2011, establishes that the results of an interrogation may not be used unless the accused has been informed that:
2931:
2859:
1521:
Right to remain silent, to answer only questions of his/her choosing, or to express their desire to make a statement only in front of a judge.
3867:
2212:
2133:
1858:
1853:
1733:
1110:§125: The editor of a printed magazine/newspaper may refuse to divulge the writer of any articles in his journal, or sources for its content.
1108:§124: A witness may refuse to answer questions relating to business secrets. The court may oblige the witness to testify after consideration.
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relatives). The suspicious witness also must be cautioned about the right to remain silent. Suspicious witnesses cannot be heard under oath.
3486:
4598:
4227:
3399:
2702:
1939:
1132:
1032:
671:
The person is immediately informed by a police officer, or in the presence of one, in a language that he can understand, that (Article 3):
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when detained, such as for the execution of a statutory or common law power of search or in the execution of drink driving investigations;
771:. The "Rules and Directions for the Questioning of Suspects and the Taking of Statements" (Rules and Directions), promulgated by the then
1672:
possibility to defend themselves with legal remedies from the charge brought and ensure protection of their personal and property rights.
4810:
2049:
ruling. There are significant protections against coercive self incrimination in Article 31, UCMJ, but it does differ somewhat from the
1015:
596:
483:
and testify, there is no further right to silence and no general restriction on what kinds of questions they may be required to answer.
838:" doctrine, and flaws in the process of collecting it affect only the weight of tainted evidence. However, in Criminal Appeal 5121/98,
787:
English: "You are not obliged to say anything unless you wish to do so but what you say may be put into writing and given in evidence."
134:(if they refused to answer), or betraying their "natural" duty of self-preservation (if they told the truth to honour their oath). Sir
4278:
4000:
3088:
3025:
1991:
1027:
1014:
In New Zealand, the right of persons arrested to refrain from making a statement and to be informed of that right is contained in the
3607:
476:, clarified that the right to silence only applied to the state and could not be used to exclude confessions made to private actors.
4785:
4656:
2796:
1667:
The Criminal Process Code of Ukraine has some regulations on how the rights of suspects and accused. Section 2 of Article 21 reads:
637:
3220:
2857:
Chiu, Jessica Wing Kay (2009). "Criminal Interrogation and the Right to Remain Silent – A Study of the Hong Kong Customs Service".
512:
in 1998, also guarantees Chinese citizens the right against self-incrimination, however the treaty has not been ratified in China.
4679:
2293:
4725:
4625:
3744:
2330:
2238:
2042:
1259:
No court or legislature has as yet determined the exact wording of the caution to be presented to arrested persons. As such, the
1180:
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derived from English law but wholly separate, still upholds the full right to silence. In the US, the right existed prior to the
3511:
3350:
1953:"You are not obliged to say anything but anything you do say will be noted down and may be used in evidence. Do you understand?"
4795:
4316:
4028:
3834:
629:
2357:
103:('no man is bound to accuse himself') became a rallying cry for religious and political dissidents who were prosecuted in the
4730:
1915:
600:
3936:
1686:
2) a person in whose respect a measure of restraint has been imposed before the decision to prosecute him/her has been made.
1297:
tagapagtanggol na iyong pinili at kung wala kang kakayahan, ito ay ipagkakaloob sa iyo ng pamahalaan. Nauunawaan mo ba ito?
941:
Content in this edit is translated from the existing Japanese Knowledge (XXG) article at ]; see its history for attribution.
1244:
He must be warned that he has a right to remain silent and that any statement he makes may be used as evidence against him;
714:
692:
Witnesses under indictment (or who are cited as suspects) cannot be heard under oath, and thus do not risk prosecution for
2539:
1527:
Right to legal representation by a private or state-funded attorney, which will assist him during hearings and procedures.
256:
1096:
In general, anyone is required to appear before the courts and give testimony, except dictated otherwise by the law(§108)
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4755:
3464:
1910:
1458:
1447:
1442:
1315:
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641:
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Anything you do say can and will be used in court as evidence. Do you understand? Would you like to speak to a lawyer?"
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2598:
4745:
2800:
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It is high-time to educate our law-enforcement agencies who neglect either by ignorance or indifference the so-called
835:
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discusses the rights of the arrested and detained; no right to silence is mentioned either in the Constitution or the
1148:
7438. Previously, informing arrested persons of their rights occurred long after arrest, if it ever occurred at all.
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Commission eventually resulted in the emergence of the principle, according to US jurist and law of evidence expert
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3569:
2772:
2038:
1392:
1260:
709:
332:
317:
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An Almanac of Contemporary and Comparative Judicial Restatements (ACCJR Supp. ii Public Law): ACCJR Supplement ii
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2197:
1783:
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for adverse inferences to be drawn against a suspect who declines to answer questions while being questioned in
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2835:
2750:
2079:
1120:
936:
905:
1824:
The pre-trial operation of the privilege against self-incrimination was further buttressed by the decision in
1814:
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Right to request the services of an interpreter, at no cost, when the foreign national does not speak Spanish.
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he has the right, after answering questions about his identity, to answer other questions or to remain silent.
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2737:
1396:
802:, the law does not codify the exact procedure for law enforcement to serve a notice to the right to silence.
3039:
2459:
2415:
2147:
1848:
You have the right to remain silent, but anything you do say will be taken down and may be used in evidence.
1641:
1616:
The right to remain silent in Turkey has been fundamentally protected under Article 38 of Chapter 13 of the
1145:
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271:
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later rely upon in court may harm their defence. In other words, in some cases inferences can be drawn. The
179:
4143:
3142:"The Constitution of the Republic of the Philippines | Official Gazette of the Republic of the Philippines"
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not to be compelled to make any confession or admission that could be used in evidence against that person;
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4362:
3982:
3752:
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984:
772:
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was used. Major reform to the questioning and treatment of suspected offenders occurred in 1984 when the
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private before deciding to answer any questions. Police have a list of lawyers you may speak to for free.
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4505:
4205:
3698:
1905:
1221:
972:
950:
811:
321:
213:
4674:
4055:
3145:
2805:"Rules and Directions for the Questioning of Suspects and the Taking of Statements: Caution Statement"
2773:"Rules and Directions for the Questioning of Suspects and the Taking of Statements: Caution Statement"
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which had become insufficient and which the Court must update in the light of new legal developments:
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4510:
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2830:
2264:
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1629:
1417:
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365:
65:
4173:
3490:
3442:
2014:
The form of the Miranda warning varies based on jurisdiction, but it usually follows this pattern:
1949:
The common law caution given by police to inform a person of their right to silence in Scotland is:
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proceedings; the right to remain silent and to be brought promptly before a court following arrest.
4562:
3897:
3250:
3167:
3116:
2645:
2620:
1716:
The right to silence is different depending on which UK jurisdiction the suspect is questioned. In
1603:
he has the right to remain silent and anything he says can and will be used as evidence in a trial.
1357:
622:
583:
579:
377:
184:
164:
3193:
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2481:
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Article 35(4) of the Constitution protects individuals from self-implication. Therefore, warnings
4490:
4482:
4432:
4402:
4392:
4353:
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4266:
4128:
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2886:
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1943:
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1790:
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1169:
1090:
776:
373:
223:
160:
50:
4231:
3040:"Evidence Act 2006 No 69 (as at 11 October 2013), Public Act Contents – New Zealand Legislation"
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The right to silence has a long history in England and Wales, first having been codified in the
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4500:
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1962:
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Warnings of a right to remain silent are given in approximately 108 nations around the world.
131:
96:
Neither the reasons nor the history behind the right to silence are entirely clear. The Latin
4228:"Uniform Code of Military Justice (UCMJ) – ART. 31. COMPULSORY SELF-INCRIMINATION PROHIBITED"
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But the court also declared the following, which has since become a landmark decision in the
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From the beginning of custody, the person can ask for the assistance of a lawyer (Article 6).
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2868:
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Randall, Stephen H. (1955). "Sir Edward Coke and the Privilege against Self-Incrimination".
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2025:
1996:
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circumstances. In this respect, the arresting officer shall also draw up a record of arrest.
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codes of procedure, which remain in force until 2011, generally contain similar provisions.
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780:
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changing the German laws towards those of the UK would not violate the German constitution.
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208:
42:
4011:
3937:"The Fifth Amendment: If an Aid to the Guilty Defendant, an Impediment to the Innocent One"
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inalienable right, but the arresting officer need not explicitly state it to the detained.
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1980:
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has created their own version. According to the 2010 edition of the official PNP manual, "
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he has the right to ask assistance of a lawyer (63-3-1 to 63-4-3 of Penal Procedure code);
658:
440:
196:
112:
108:
74:
3668:
3636:
1076:
Kei te kōrero au ki a koe mō te/Kua mau koe e te ture mō te/Kua hopu koe e te ture mō te
217:
paved the way for the right to be extended to pretrial questioning, and the practice of "
4252:
Military Judicial Rules of Procedure, Uniform Code of Military Justice – 1951 as amended
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3324:(2013 ed.). Quezon City: Philippine National Police. pp. 69–70. Archived from
2416:"Charterpedia - Section 10(a) – Right to be informed of reasons for detention or arrest"
2173:"Azzopardi v R [2001] HCA 25; 205 CLR 50; 179 ALR 349; 75 ALJR 931 (3 May 2001)"
1801:
has been used to convict people who have refused to disclose their password to customs.
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Right not to give evidence against him/herself, as well as not to confess his/her guilt.
1018:, as further reflected in a practice note on police questioning issued in 2006, by then
352:
In Canada, the right to silence is protected under the common law confessions rule, and
4651:
4551:
4442:
4417:
4387:
4382:
3026:"A pragmatic attitude: The right to silence in the Netherlands - Peggy ter Vrugt, 2021"
2394:"The Common Law Confessions Rule in the Charter Era: Current Law and Future Directions"
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2301:
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he/she has the right to legal representation by a private or state-funded attorney, and
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if it is satisfied that it would not bring the administration of justice into disrepute
381:
175:
119:
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confession of the accused is held to be true, correct and freely or voluntarily given.
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This is similar to the caution given in England and Wales prior to the passage of the
270:) but there are exceptions to this rule, most notably in cases which rely entirely on
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of 16th-century England. People coming before these tribunals were forced to make the
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3417:
2890:
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can be drawn by an accused person's silence when they are interviewed under caution.
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816:
444:
410:
385:
369:
231:
97:
3194:"People vs Mahinay : 122485 : February 1, 1999 : Per Curiam: En Banc"
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4620:
3418:"Глава 2. Права и свободы человека и гражданина - Конституция Российской Федерации"
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1319:
167:(from 1660 on) to include "an ordinary witness, and not merely the party charged".
104:
3374:"HRAO to translate Miranda Warning and Anti-Torture Act in Four Foreign Languages"
1890:
You do not have to say anything, but anything you do say may be given in evidence.
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or even (in circumstances where no adverse inference can be drawn from silence):
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he/she is the subject of a criminal investigation for some specific infractions,
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when police have enough evidence to believe the person has committed an offence;
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480:
427:
236:
135:
90:
61:
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Warnings regarding the right against self-incrimination may have originated in
1754:. Further, there is no general duty to assist the police with their inquiries.
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4593:
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4471:
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4452:
4308:
3573:
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1761:, adverse inferences may be drawn in certain circumstances where the accused:
1365:
1196:
1184:
1022:
768:
726:
Before any interrogation begins a suspect, arrested or not, must be informed:
290:
278:). This exception has been abolished in Victoria by sections 42 and 44 of the
123:
563:
They will be given a "letter of rights" spelling out their rights in writing;
1935:
1165:
697:
468:
54:
41:
is a legal principle which guarantees any individual the right to refuse to
4202:"Military Justice 101 – Part 5, Right to Remain Silent (Article 31 Rights)"
2556:
1495:
Every accused person has a right to a fair trial, which includes the right
1466:
Everyone who is arrested for allegedly committing an offence has the right
406:
To retain and instruct counsel without delay and be informed of that right.
221:
warnings" became established in the US and elsewhere following the case of
4684:
1326:
3278:. Philippine National Police Regional Office 13 Camp Rafael C Rodriguez.
2881:
1368:
has further translated the Miranda warning into four foreign languages:
1341:, shown on the front of the card along with the Filipino version above.
1123:
protects a person, when accused of an offence, from self-incrimination.
975:
under Article 38(1), no person is forced to testify against themselves.
685:
The conversation with the lawyer has to remain confidential (Article 7).
85:
4447:
4371:
2964:
Criminal Procedure Law (Enforcement Authority—Arrests) 1996 section 31
2952:
Criminal Procedure Law (Enforcement Authority—Arrests) 1996 section 28
1557:
he/she has the right to remain silent and not to cooperate with police,
939:
to the source of your translation. A model attribution edit summary is
693:
661:
650:
127:
3276:"Reminders on the Recital of Miranda Warning and Anti-Torture Warning"
3000:
1683:
1) a person apprehended on the suspicion of having committed a crime;
798:
According to Jessica Wing-kay Chiu (趙穎琦), then a PhD candidate of the
565:
The letter of rights will be easy to understand, without legal jargon;
130:(if they lied under oath to protect themselves), harsh punishment for
4377:
1724:, but no adverse inference may be drawn in Scotland under Scots law.
1676:
Article 43–1, Section 1 gives the following definition of "suspect":
1400:
1345:
1192:
828:
595:
The concept of right to silence is not specifically mentioned in the
448:
436:
2198:"Traditional Rights and Freedoms -Encroachments by Commonwealth Law"
1199:
but later retracted his confession, claiming that he made it due to
431:
anything, but anything you do say may be given in evidence in court.
4319:
and Officer George Bruch from the Virginia Beach police department.
2504:"Charterpedia - Section 13 – Protection against self-incrimination"
667:
Since 15 April 2011, any person held by the police has new rights:
364:. The accused may not be compelled as a witness against himself in
122:
whereby these accused were forced to choose between committing the
3275:
1660:
A suspect, an accused, or a defendant has the right to a defense.
1183:
was asked to consider the case of Larry Mahinay y Amparado, a man
1140:
cannot be waived except in writing and in the presence of counsel.
505:
84:
4615:
4495:
3443:"Constitution of the Republic of South Africa, 1996, section 35"
2000:
established a constitutional "right to take the witness stand."
1200:
1188:
897:
567:
It will be made available in a language the suspect understands;
4326:
4056:"The Privilege Against Self-Incrimination in Civil Proceedings"
1563:
he/she has the right to request the services of an interpreter.
561:
Suspects will be informed of their rights following the arrest;
4029:"Your Rights if Questioned, Stopped or Arrested by the Police"
2506:. Department of Justice, Government of Canada. 9 November 1999
2462:. Department of Justice, Government of Canada. 9 November 1999
2440:. Department of Justice, Government of Canada. 9 November 1999
2418:. Department of Justice, Government of Canada. 9 November 1999
2358:"Do citizens get the protection provided by the constitution?"
2294:"Do citizens get the protection provided by the constitution?"
1537:
Right to undergo a medical examination by the forensic doctor.
1314:
Various regional offices of the PNP use translations in other
849:
496:
to answer questions about communications during the marriage.
274:
which it is only possible for the defendant to testify about (
4174:"Salinas v. Texas, 133 S. Ct. 2174, 186 L. Ed. 2d 376 (2013)"
4144:"The Impeachment Exception: Decline of the Exclusionary Rule"
4104:"Fifth Amendment Makes it Hard to Build a Case Against Flynn"
1793:
of the western world. Under Section 49 and Section 53 of the
1757:
At common law, and particularly following the passing of the
1195:
of a 12-year-old girl, the neighbor of his employer. Mahinay
569:
It will contain practical details about the person's rights.
30:"Right to remain silent" redirects here. For other uses, see
2705:. 22 April 2003. Archived from the original on 22 April 2003
3296:. Official account of Philippine National Police on Twitter
736:
About his right to consult an attorney before the interview
409:
To have the validity of the detention determined by way of
2738:
Loi n° 2011-392 du 14 avril 2011 relative à la garde à vue
2265:"The State of Human Rights in Eleven Asian Nations – 2007"
1135:, in section 12(1) of Article 3 (Bill of Rights), states:
909:
to this template: there are already 1,140 articles in the
3400:"PNP translating Miranda Rights into 4 foreign languages"
2688:, (1996) 22 EHRR 29, at para. (ECtHR 1973),
2482:"Supreme Court of Canada - SCC Case Information - Search"
1179:
In the 1999 case People vs Mahinay, G.R. No. 122485, the
4001:"Statutes at Large Volume 13 (1863-1865): 38th Congress"
2860:
International Journal of Police Science & Management
1873:
Anything you do say may, and will, be given in evidence.
1501:
not to be compelled to give self-incriminating evidence;
1224:
in the Philippines, and is sometimes referred to as the
60:
The origin of the right to silence is attributed to Sir
2646:
Official Journal of the European Union L 142, 1.6.2012.
1774:
fails to account on arrest for his presence at a place.
1768:
fails to give evidence at trial or answer any question;
743:
Foreign suspects have the following additional rights:
384:. Prior to an accused being informed of their right to
3602:
3600:
3228:. Quezon City: Philippine National Police. p. 19.
2438:"Charterpedia - Section 14 – Right to an interpreter"
1144:
This was expanded into a caution during arrest under
889:
a machine-translated version of the Japanese article.
399:
Under the Charter, an arrested person has the right:
4230:. Usmilitary.about.com. 19 June 2010. Archived from
4204:. Usmilitary.about.com. 19 June 2010. Archived from
3813:"Regulation of Investigatory Powers Act 2000, s. 53"
3791:"Regulation of Investigatory Powers Act 2000, s. 49"
2703:"Legifrance - Le service public de l'accès au droit"
2207:(127). Australian Law Reform Commission. July 2015.
2069:
International Covenant on Civil and Political Rights
1942:. Previously, the right to silence, as with much of
1882:
say anything, what you say may be given in evidence.
1690:
Consequently, the list of suspect's rights follows:
1680:
The following person is considered to be a suspect:
1055:
other situations as dictated by statute or case law.
893:
524:
protects the right to silence by two clauses in the
510:
International Covenant on Civil and Political Rights
466:
A leading case on the right to silence in Canada is
289:
Within Australia, the right to silence derives from
138:'s challenge to the ecclesiastical courts and their
4634:
4576:
4481:
4361:
3200:. Supreme Court of the Philippines. 1 February 1999
2595:"EU-wide right to information at arrest is now law"
1938:has been enshrined in statute by section 34 of the
1461:("Arrested, detained and accused persons") states:
2118:. University of South Carolina School of Law: 444.
1836:(1943) CAR 128 the Court of Criminal Appeal said:
1446:substantial injustice would otherwise result. The
739:About his right to name any evidence in his favour
556:In particular, the law includes five innovations:
413:and to be released if the detention is not lawful.
4196:
4194:
3976:
3974:
3669:"Criminal Evidence (Northern Ireland) Order 1988"
3222:Philippine National Police Operational Procedures
2460:"Charterpedia - Section 10(b) – Right to counsel"
2023:On 17 June 2013, the U.S. Supreme Court ruled in
1987:Fifth Amendment to the United States Constitution
1975:Fifth Amendment to the United States Constitution
1059:The caution to be given to adults is as follows:
819:and lie detector tests violate of Article 20(3).
627:In France, any person brought in police custody (
504:The right of silence is not guaranteed by law in
3351:"Miranda rights cards to be distributed to cops"
2723:: CS1 maint: bot: original URL status unknown (
2557:Charter of Fundamental Rights and Basic Freedoms
1364:(PNP-HRAO) of the Philippine National Police in
403:To be informed promptly of the reasons therefor.
3856:Oshitokunbo, Oshisanya, 'lai (2 January 2020).
3631:
3629:
1846:
1838:
1722:Criminal Evidence (Northern Ireland) Order 1988
1678:
1655:
1598:
1230:
1213:
1150:
1137:
1074:
1061:
767:The right to silence is protected according to
3663:
3661:
3487:"Section 35 of the South African constitution"
1699:Article 53 contains the following regulation:
1596:While paragraph one of section 84 prescribes:
1329:15,000 cards to the PNP, and commissioned the
935:accompanying your translation by providing an
880:Click for important translation instructions.
867:expand this article with text translated from
4338:
3558:Constitution of the Republic of Turkey (2017)
3489:. Info.gov.za. 19 August 2009. Archived from
1653:Article 63 of Constitution of Ukraine reads:
988:
640:(art. L116) makes it compulsory that when an
8:
3882:: CS1 maint: multiple names: authors list (
3608:"Criminal Justice and Public Order Act 1994"
3318:PNP GUIDEBOOK ON HUMAN RIGHTS BASED-POLICING
3075:New Zealand Police Cautions Rights version 9
2540:"China: Amendment of Criminal Procedure Law"
1478:of the consequences of not remaining silent;
1203:surrounding his imprisonment and not actual
282:. The right does not apply to corporations (
151:), Coke "dealt the crucial blow to the oath
3692:
3690:
2922:"Forced narco tests illegal: Supreme Court"
1795:Regulation of Investigatory Powers Act 2000
344:the confessor waived his right of silence.
4801:Prisoners and detainees of the Netherlands
4345:
4331:
4323:
4293:: CS1 maint: location missing publisher (
3274:MILAN, JUDE CRES GIDO (24 February 2016).
1759:Criminal Justice and Public Order Act 1994
1035:held, "The starting point ... , unless an
793:Criminal Justice and Public Order Act 1994
526:Charter of Fundamental Rights and Freedoms
3697:Lord Carloway, Colin (17 November 2011).
3587:
3585:
3583:
3581:
3398:Felipe, Cecille Suerte (27 August 2015).
3136:
3134:
2880:
2484:. Supreme Court of Canada. 1 January 2001
2396:. Osgoode Hall Law School Digital Commons
2333:. Prime Minister's Office. Archived from
2331:"Constitution of Bangladesh: Chapter III"
2241:. Prime Minister's Office. Archived from
2239:"Constitution of Bangladesh: Chapter III"
1546:Article 158 of the unified Swiss code of
303:Independent Commission Against Corruption
2979:"The "Right of Silence" in Japanese Law"
1333:of the warning into two more languages,
1324:International Committee of the Red Cross
1273:
2106:
1628:This right has also been noted in the
1042:The obligation to caution arises when:
489:Canadian Charter of Rights and Freedoms
362:Canadian Charter of Rights and Freedoms
4286:
3875:
3290:"PNP on Twitter: Anti-torture warning"
2716:
2663:Official Journal of the European Union
1782:In respect of those questioned by the
914:
4771:Law enforcement in the Czech Republic
4271:You Have the Right to Remain Innocent
3898:"The Bill of Rights: A Transcription"
3269:
3267:
3083:
3081:
2387:
2385:
2383:
2287:
2285:
2233:
2231:
1859:right to silence in England and Wales
1844:Therefore, a caution of the form of:
1734:Right to silence in England and Wales
1271:The version in use by the PNP reads:
7:
3705:. Adverse Inference: Carloway Review
2325:
2323:
2321:
2319:
2148:"Miranda Warning Equivalents Abroad"
1940:Criminal Justice (Scotland) Act 2016
1746:has a choice whether or not to give
1133:1987 Constitution of the Philippines
840:Issaharov v. The Military Prosecutor
730:Of the crime for which he is charged
3904:. National Archive. 4 November 2015
2831:"We must keep our right to silence"
2829:Loh, Christine (19 December 1994).
1583:Paragraph two of section 83 reads:
1316:languages spoken in the Philippines
597:European Convention on Human Rights
591:European Convention on Human Rights
32:You Have the Right to Remain Silent
27:Right to refuse to answer questions
4741:Criminal law of the United Kingdom
3727:See also Home Office policy paper
3064:Taylor v New Zealand Poultry Board
1475:of the right to remain silent; and
1428:Clause 1 of the article 51 of the
1098:There are some notable exceptions:
1028:Taylor v New Zealand Poultry Board
174:In countries formerly part of the
25:
4657:Evidence law in the United States
4132:, 384 US 436, 448–50, 455 (1966).
4102:Henning, Peter J. (23 May 2017).
4054:Hoffman, Janet L. (Spring 2005).
3512:Medienmitteilung EJDP, 10.09.2008
2797:Department of Justice (Hong Kong)
2526:"Criminal Procedure Law of China"
1789:The UK has some of the strictest
1344:Due to the increasing numbers of
834:Israeli law has not adopted the "
638:French Code of Criminal Procedure
439:, the Charter warning is read in
4464:
3837:. Homeoffice.gov.uk. 17 May 2010
3592:Criminal Process Code of Ukraine
3552:
2570:"Rights of suspects and accused"
2043:Uniform Code of Military Justice
2033:Uniform Code of Military Justice
1854:Police and Criminal Evidence Act
1391:According to the website of the
1181:Supreme Court of the Philippines
854:
733:About his right to remain silent
574:These rights are contained in a
18:Right against self-incrimination
4317:Regent University School of Law
2977:George, Jr., B. (1 June 1968).
2270:. Asian Human Rights Commission
4511:Deferred prosecution agreement
3144:. 17 June 2016. Archived from
3117:"The Constitution of PakiStan"
1515:Ley de Enjuiciamiento Criminal
945:You may also add the template
601:European Court of Human Rights
101:nemo tenetur se ipsum accusare
89:Portrait of English judge Sir
1:
4010:. p. 351. Archived from
3675:. 14 November 1988. Section 3
3614:. 3 November 1994. Section 34
3089:"Multilingual Rights Caution"
2597:(Press release). Europa.eu. (
1946:, was held under common law.
1813:. In 1912, the judges of the
257:Right to silence in Australia
155:and to the High Commission".
3902:America's Founding Documents
2930:. 6 May 2010. Archived from
2356:Azad, Mak (3 October 2007).
2292:Azad, Mak (3 October 2007).
2116:South Carolina Law Quarterly
1911:John Murray v United Kingdom
1448:South African Police Service
1443:Constitution of South Africa
1322:of the office. In 2012, the
266:from a defendant's silence (
4311:— lecture by law professor
4092:, 406 U.S. 441, 462 (1972).
3968:, 401 U.S. 222, 225 (1971).
3766:"Criminal Justice Act 1987"
3249:. No. 25 August 2016.
2801:Security Bureau (Hong Kong)
1640:Section 4 of Article 29 of
1513:In Spain, according to the
1362:Human Rights Affairs Office
958:Knowledge (XXG):Translation
917:will aid in categorization.
836:Fruits of the Poisoned Tree
747:Translation assistance, and
4827:
4811:South African criminal law
3315:PURISIMA, ALAN LA MADRID.
3241:"OPINION: Miranda warning"
3219:CARO II, ANDRES G (2010).
2873:10.1350/ijps.2009.11.2.127
2039:United States Armed Forces
1978:
1972:
1742:in 1912. A defendant in a
1731:
1490:and later in the section:
1393:Philippine National Police
1261:Philippine National Police
1241:understood by said person;
892:Machine translation, like
620:
333:Constitution of Bangladesh
318:Constitution of Bangladesh
254:
29:
4670:
4626:Presentence investigation
4459:
4089:Kastigar v. United States
3641:Crown Prosecution Service
2392:Dufraimont, Lisa (2008).
1630:Law on Criminal Procedure
1354:President Rodrigo Duterte
869:the corresponding article
421:A more detailed version:
230:While initially alien to
4786:Law of the United States
4309:Don't Talk to the Police
3935:Tague, Peter W. (1989).
3594:(unofficial translation)
3001:"Kriminālprocesa likums"
2836:South China Morning Post
2080:Presumption of innocence
1934:The right to silence in
1472:to be informed promptly
1121:Constitution of Pakistan
1046:a suspect is in custody;
947:{{Translated|ja|黙秘権#日本}}
296:. The basic position is
280:Jury Directions Act 2015
4726:Australian criminal law
3747:16 October 2007 at the
3570:Constitution of Ukraine
3044:www.legislation.govt.nz
2130:"Bram v. United States"
1642:Constitution of Ukraine
1397:Camp Rafael C Rodriguez
1395:Regional Office 13, at
1366:Camp Crame, Quezon City
1119:Article 13 of the 1973
1016:Bill of Rights Act 1990
956:For more guidance, see
800:University of Hong Kong
721:Criminal Procedure Code
540:, a gradual process of
272:circumstantial evidence
4796:Pakistani criminal law
4568:Statute of limitations
4363:Criminal investigation
3941:Georgetown Law Journal
3925:, 380 U.S. 609 (1965).
3862:. Almanac Foundation.
3770:www.legislation.gov.uk
3753:Judicial Studies Board
2751:"Bis aufs Stützgerüst"
2021:
1955:
1892:
1884:
1875:
1867:
1850:
1842:
1705:
1697:
1688:
1674:
1665:
1651:
1626:
1618:Constitution of Turkey
1606:
1594:
1506:
1488:
1257:
1218:
1161:
1142:
1081:
1066:
990:Kriminālprocesa likums
989:
985:Criminal procedure law
789:
773:Secretary for Security
664:agree to the waiver).
614:
572:
433:
93:
4731:Canadian criminal law
4506:Criminal jurisdiction
3983:"The Silence Penalty"
3923:Griffin v. California
3673:The National Archives
3612:The National Archives
3372:Nagrampa, Hershey B.
2983:Washington Law Review
2016:
1979:Further information:
1951:
1906:right to a fair trial
1888:
1879:
1871:
1863:
1701:
1692:
1669:
1646:
1622:
1585:
1492:
1463:
1302:Anti-torture warning
1222:rights of the accused
973:Constitution of Japan
929:copyright attribution
812:Constitution of India
785:
605:
582:, was adopted by the
558:
423:
368:, and therefore only
322:Bangladesh Penal Code
214:Bram v. United States
88:
66:ecclesiastical courts
4546:Inquisitorial system
4483:Criminal prosecution
4423:Reasonable suspicion
4398:Exigent circumstance
3637:"Adverse Inferences"
2085:Privilege (evidence)
1784:Serious Fraud Office
1459:Constitution of 1996
1433:silent at any time.
1430:Russian Constitution
1158:Section 2(b), RA7438
366:criminal proceedings
64:'s challenge to the
4791:Legal communication
4766:Indian criminal law
4761:German criminal law
4756:French criminal law
4563:Preliminary hearing
4017:on 17 October 2015.
3703:Scottish Government
3493:on 17 November 2013
3422:www.constitution.ru
3404:The Philippine STAR
3198:sc.judiciary.gov.ph
3172:The LawPhil Project
2753:. 14 September 2016
2625:European Commission
2574:European Commission
2528:. 25 February 2004.
2205:ALRC Interim Report
2152:Library of Congress
2136:on 5 February 2007.
2041:are covered by the
1791:key disclosure laws
1407:Republic of Ireland
1358:Oplan Double Barrel
750:Consular assistance
710:Strafprozessordnung
708:According to § 136
642:investigating judge
623:French criminal law
584:European Parliament
580:European Commission
372:statements made to
185:American Revolution
165:English Restoration
4746:Criminal procedure
4491:Adversarial system
4433:Search and seizure
4403:Knock-and-announce
4354:Criminal procedure
4313:James Joseph Duane
4148:Indiana Law Review
4142:Joest, D. (1974).
4129:Miranda v. Arizona
4108:The New York Times
4063:Litigation Journal
4035:. 23 February 2015
3835:"PACE Code C 2008"
3742:specimen direction
3331:on 20 October 2016
3096:New Zealand Police
3066:1 NZLR 394 at 398.
2927:The Times of India
2627:. 13 December 2011
2304:on 29 October 2007
2177:www.austlii.edu.au
2095:Self-incrimination
2047:Miranda v. Arizona
1944:Scots criminal law
1799:Terrorism Act 2000
1548:criminal procedure
1424:Russian Federation
1170:self-incrimination
1091:self-determination
937:interlanguage link
331:Article 33 of the
276:Weissensteiner v R
264:adverse inferences
224:Miranda v. Arizona
161:John Henry Wigmore
94:
51:self-incrimination
4776:Law of Bangladesh
4713:
4712:
4695:Wikimedia Commons
4642:Criminal defenses
4577:Charges and pleas
4501:Bill of attainder
4438:Search of persons
3981:Bellin, Jeffrey.
3869:978-978-51200-5-9
3699:"Carloway Review"
3467:on 17 August 2016
3148:on 5 January 2019
2803:(December 2005).
2214:978-0-9943202-0-9
1963:adverse inference
1811:England and Wales
1728:England and Wales
1718:England and Wales
1469:to remain silent;
1350:foreign nationals
1318:depending on the
1312:
1311:
1037:Act of Parliament
971:According to the
969:
968:
881:
877:
298:adverse inference
132:contempt of court
16:(Redirected from
4818:
4781:Law of Hong Kong
4474:
4469:
4468:
4428:Right to silence
4347:
4340:
4333:
4324:
4298:
4292:
4284:
4253:
4250:
4244:
4243:
4241:
4239:
4224:
4218:
4217:
4215:
4213:
4198:
4189:
4188:
4186:
4184:
4170:
4164:
4163:
4161:
4159:
4139:
4133:
4125:
4119:
4118:
4116:
4114:
4099:
4093:
4085:
4079:
4078:
4076:
4074:
4060:
4051:
4045:
4044:
4042:
4040:
4025:
4019:
4018:
4016:
4005:
3997:
3991:
3990:
3978:
3969:
3963:
3957:
3956:
3954:
3952:
3932:
3926:
3920:
3914:
3913:
3911:
3909:
3894:
3888:
3887:
3881:
3873:
3853:
3847:
3846:
3844:
3842:
3831:
3825:
3824:
3822:
3820:
3809:
3803:
3802:
3800:
3798:
3787:
3781:
3780:
3778:
3776:
3762:
3756:
3738:
3732:
3725:
3719:
3718:
3712:
3710:
3694:
3685:
3684:
3682:
3680:
3665:
3656:
3655:
3649:
3647:
3633:
3624:
3623:
3621:
3619:
3604:
3595:
3589:
3576:
3567:
3561:
3556:
3550:
3544:
3537:
3531:
3528:
3522:
3517:24 July 2012 at
3509:
3503:
3502:
3500:
3498:
3483:
3477:
3476:
3474:
3472:
3463:. Archived from
3457:
3451:
3450:
3439:
3433:
3432:
3430:
3428:
3414:
3408:
3407:
3395:
3389:
3388:
3386:
3384:
3369:
3363:
3362:
3360:
3358:
3347:
3341:
3340:
3338:
3336:
3330:
3323:
3312:
3306:
3305:
3303:
3301:
3286:
3280:
3279:
3271:
3262:
3261:
3259:
3257:
3239:Bartolome, Tin.
3236:
3230:
3229:
3227:
3216:
3210:
3209:
3207:
3205:
3190:
3184:
3183:
3181:
3179:
3164:
3158:
3157:
3155:
3153:
3138:
3129:
3128:
3126:
3124:
3113:
3107:
3106:
3104:
3102:
3093:
3085:
3076:
3073:
3067:
3061:
3055:
3054:
3052:
3050:
3036:
3030:
3029:
3022:
3016:
3015:
3013:
3011:
2997:
2991:
2990:
2974:
2968:
2962:
2956:
2950:
2944:
2943:
2941:
2939:
2918:
2912:
2905:
2899:
2894:
2884:
2854:
2848:
2847:
2845:
2843:
2826:
2820:
2819:
2817:
2815:
2809:
2793:
2787:
2786:
2784:
2782:
2777:
2769:
2763:
2762:
2760:
2758:
2747:
2741:
2735:
2729:
2728:
2722:
2714:
2712:
2710:
2699:
2693:
2687:
2681:
2675:
2674:
2672:
2670:
2655:
2649:
2643:
2637:
2636:
2634:
2632:
2617:
2611:
2610:
2608:
2606:
2591:
2585:
2584:
2582:
2580:
2566:
2560:
2554:
2548:
2547:
2536:
2530:
2529:
2522:
2516:
2515:
2513:
2511:
2500:
2494:
2493:
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2478:
2472:
2471:
2469:
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2456:
2450:
2449:
2447:
2445:
2434:
2428:
2427:
2425:
2423:
2412:
2406:
2405:
2403:
2401:
2389:
2378:
2377:
2375:
2373:
2364:. Archived from
2353:
2347:
2346:
2344:
2342:
2327:
2314:
2313:
2311:
2309:
2300:. Archived from
2289:
2280:
2279:
2277:
2275:
2269:
2261:
2255:
2254:
2252:
2250:
2235:
2226:
2225:
2223:
2221:
2202:
2194:
2188:
2187:
2185:
2183:
2169:
2163:
2162:
2160:
2158:
2144:
2138:
2137:
2132:. Archived from
2126:
2120:
2119:
2111:
2090:Right to counsel
2064:Taking the Fifth
2026:Salinas v. Texas
1997:Rock v. Arkansas
1895:Northern Ireland
1289:Miranda warning
1274:
1226:Mahinay doctrine
1159:
992:
948:
942:
916:
915:|topic=
913:, and specifying
898:Google Translate
879:
875:
858:
857:
850:
718:
576:letter of rights
453:Canadian English
209:right to counsel
43:answer questions
39:right to silence
21:
4826:
4825:
4821:
4820:
4819:
4817:
4816:
4815:
4716:
4715:
4714:
4709:
4666:
4630:
4611:Peremptory plea
4605:Nolo contendere
4572:
4477:
4470:
4463:
4457:
4413:Pretextual stop
4408:Miranda warning
4357:
4356:(investigation)
4351:
4305:
4285:
4281:
4267:Duane, James J.
4265:
4262:
4260:Further reading
4257:
4256:
4251:
4247:
4237:
4235:
4234:on 4 March 2016
4226:
4225:
4221:
4211:
4209:
4208:on 4 March 2016
4200:
4199:
4192:
4182:
4180:
4172:
4171:
4167:
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4155:
4141:
4140:
4136:
4126:
4122:
4112:
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4096:
4086:
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4072:
4070:
4058:
4053:
4052:
4048:
4038:
4036:
4027:
4026:
4022:
4014:
4003:
3999:
3998:
3994:
3987:Iowa Law Review
3980:
3979:
3972:
3964:
3960:
3950:
3948:
3934:
3933:
3929:
3921:
3917:
3907:
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3806:
3796:
3794:
3789:
3788:
3784:
3774:
3772:
3764:
3763:
3759:
3749:Wayback Machine
3739:
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3436:
3426:
3424:
3416:
3415:
3411:
3397:
3396:
3392:
3382:
3380:
3378:hrao.pnp.gov.ph
3371:
3370:
3366:
3356:
3354:
3349:
3348:
3344:
3334:
3332:
3328:
3321:
3314:
3313:
3309:
3299:
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3288:
3287:
3283:
3273:
3272:
3265:
3255:
3253:
3238:
3237:
3233:
3225:
3218:
3217:
3213:
3203:
3201:
3192:
3191:
3187:
3177:
3175:
3174:. 22 April 1992
3166:
3165:
3161:
3151:
3149:
3140:
3139:
3132:
3122:
3120:
3119:. PakSearch.com
3115:
3114:
3110:
3100:
3098:
3091:
3087:
3086:
3079:
3074:
3070:
3062:
3058:
3048:
3046:
3038:
3037:
3033:
3024:
3023:
3019:
3009:
3007:
2999:
2998:
2994:
2976:
2975:
2971:
2963:
2959:
2951:
2947:
2937:
2935:
2934:on 17 July 2012
2920:
2919:
2915:
2906:
2902:
2856:
2855:
2851:
2841:
2839:
2828:
2827:
2823:
2813:
2811:
2807:
2795:
2794:
2790:
2780:
2778:
2775:
2771:
2770:
2766:
2756:
2754:
2749:
2748:
2744:
2736:
2732:
2715:
2708:
2706:
2701:
2700:
2696:
2683:
2682:
2678:
2668:
2666:
2657:
2656:
2652:
2644:
2640:
2630:
2628:
2619:
2618:
2614:
2604:
2602:
2593:
2592:
2588:
2578:
2576:
2568:
2567:
2563:
2555:
2551:
2546:. 9 April 2012.
2538:
2537:
2533:
2524:
2523:
2519:
2509:
2507:
2502:
2501:
2497:
2487:
2485:
2480:
2479:
2475:
2465:
2463:
2458:
2457:
2453:
2443:
2441:
2436:
2435:
2431:
2421:
2419:
2414:
2413:
2409:
2399:
2397:
2391:
2390:
2381:
2371:
2369:
2368:on 25 July 2008
2355:
2354:
2350:
2340:
2338:
2329:
2328:
2317:
2307:
2305:
2291:
2290:
2283:
2273:
2271:
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2263:
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2258:
2248:
2246:
2237:
2236:
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2219:
2217:
2215:
2200:
2196:
2195:
2191:
2181:
2179:
2171:
2170:
2166:
2156:
2154:
2146:
2145:
2141:
2128:
2127:
2123:
2113:
2112:
2108:
2103:
2075:Miranda warning
2060:
2037:Members of the
2035:
1983:
1981:Miranda warning
1977:
1971:
1932:
1897:
1807:
1736:
1730:
1714:
1638:
1614:
1608:
1577:
1544:
1511:
1439:
1426:
1409:
1388:Dennis Siervo.
1168:so as to avoid
1160:
1157:
1129:
1117:
1111:
1109:
1107:
1105:
1103:
1101:
1099:
1097:
1086:
1072:is as follows:
1068:The caution in
1012:
999:
983:In Latvia, the
981:
965:
964:
963:
946:
940:
882:
859:
855:
848:
825:
808:
765:
712:
706:
625:
619:
593:
571:
568:
566:
564:
562:
534:
518:
502:
441:Canadian French
350:
311:
259:
253:
245:
189:Fifth Amendment
109:High Commission
83:
75:Miranda warning
35:
28:
23:
22:
15:
12:
11:
5:
4824:
4822:
4814:
4813:
4808:
4803:
4798:
4793:
4788:
4783:
4778:
4773:
4768:
4763:
4758:
4753:
4748:
4743:
4738:
4733:
4728:
4718:
4717:
4711:
4710:
4708:
4707:
4702:
4697:
4692:
4687:
4682:
4677:
4671:
4668:
4667:
4665:
4664:
4659:
4654:
4649:
4644:
4638:
4636:
4632:
4631:
4629:
4628:
4623:
4618:
4613:
4608:
4601:
4596:
4591:
4586:
4580:
4578:
4574:
4573:
4571:
4570:
4565:
4560:
4555:
4552:Nolle prosequi
4548:
4543:
4538:
4531:
4526:
4521:
4513:
4508:
4503:
4498:
4493:
4487:
4485:
4479:
4478:
4476:
4475:
4460:
4458:
4456:
4455:
4450:
4445:
4443:Search warrant
4440:
4435:
4430:
4425:
4420:
4418:Probable cause
4415:
4410:
4405:
4400:
4395:
4390:
4388:Consent search
4385:
4383:Arrest warrant
4380:
4375:
4367:
4365:
4359:
4358:
4352:
4350:
4349:
4342:
4335:
4327:
4321:
4320:
4304:
4303:External links
4301:
4300:
4299:
4280:978-1503933392
4279:
4261:
4258:
4255:
4254:
4245:
4219:
4190:
4178:Google Scholar
4165:
4134:
4120:
4094:
4080:
4046:
4033:Ohio State Bar
4020:
3992:
3970:
3966:Harris v. N.Y.
3958:
3927:
3915:
3889:
3868:
3848:
3826:
3804:
3782:
3757:
3733:
3720:
3686:
3657:
3625:
3596:
3577:
3562:
3545:
3532:
3523:
3504:
3478:
3452:
3434:
3409:
3390:
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3342:
3307:
3281:
3263:
3231:
3211:
3185:
3159:
3130:
3108:
3077:
3068:
3056:
3031:
3017:
2992:
2969:
2957:
2945:
2913:
2900:
2867:(2): 217–235.
2849:
2821:
2788:
2764:
2742:
2730:
2694:
2676:
2650:
2638:
2612:
2586:
2561:
2549:
2531:
2517:
2495:
2473:
2451:
2429:
2407:
2379:
2362:The Daily Star
2348:
2337:on 24 May 2013
2315:
2298:The Daily Star
2281:
2256:
2245:on 24 May 2013
2227:
2213:
2189:
2164:
2139:
2121:
2105:
2104:
2102:
2099:
2098:
2097:
2092:
2087:
2082:
2077:
2072:
2066:
2059:
2056:
2034:
2031:
1973:Main article:
1970:
1967:
1931:
1928:
1896:
1893:
1806:
1803:
1776:
1775:
1772:
1769:
1766:
1744:criminal trial
1732:Main article:
1729:
1726:
1713:
1712:United Kingdom
1710:
1637:
1634:
1613:
1610:
1576:
1573:
1565:
1564:
1561:
1558:
1555:
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1310:
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1298:
1294:
1290:
1286:
1285:
1280:
1277:
1256:
1255:
1252:
1248:
1245:
1242:
1234:Miranda rights
1155:
1128:
1125:
1116:
1113:
1085:
1082:
1057:
1056:
1053:
1050:
1047:
1011:
1008:
998:
995:
980:
977:
967:
966:
962:
961:
954:
943:
921:
918:
906:adding a topic
901:
890:
883:
864:
863:
862:
860:
853:
847:
844:
824:
821:
807:
804:
764:
761:
752:
751:
748:
741:
740:
737:
734:
731:
705:
702:
700:if necessary.
690:
689:
686:
683:
680:
679:
678:
675:
618:
615:
603:has held that
592:
589:
559:
547:Viviane Reding
538:European Union
533:
532:European Union
530:
522:Czech Republic
517:
516:Czech Republic
514:
501:
498:
415:
414:
407:
404:
349:
346:
310:
307:
294:Companion rule
252:
249:
244:
241:
176:British Empire
120:cruel trilemma
82:
79:
26:
24:
14:
13:
10:
9:
6:
4:
3:
2:
4823:
4812:
4809:
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4799:
4797:
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4784:
4782:
4779:
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4772:
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4759:
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4752:
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4734:
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4727:
4724:
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4706:
4703:
4701:
4698:
4696:
4693:
4691:
4688:
4686:
4683:
4681:
4678:
4676:
4673:
4672:
4669:
4663:
4660:
4658:
4655:
4653:
4650:
4648:
4645:
4643:
4640:
4639:
4637:
4635:Related areas
4633:
4627:
4624:
4622:
4619:
4617:
4614:
4612:
4609:
4607:
4606:
4602:
4600:
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4559:
4556:
4554:
4553:
4549:
4547:
4544:
4542:
4539:
4537:
4536:
4535:Habeas corpus
4532:
4530:
4527:
4525:
4522:
4520:
4518:
4517:Ex post facto
4514:
4512:
4509:
4507:
4504:
4502:
4499:
4497:
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4489:
4488:
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4233:
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4145:
4138:
4135:
4131:
4130:
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4109:
4105:
4098:
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4009:
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3996:
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3971:
3967:
3962:
3959:
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3860:
3852:
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3836:
3830:
3827:
3815:. Opsi.gov.uk
3814:
3808:
3805:
3793:. Opsi.gov.uk
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3601:
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3559:
3555:
3549:
3546:
3536:
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3527:
3524:
3520:
3519:archive.today
3516:
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3492:
3488:
3482:
3479:
3466:
3462:
3456:
3453:
3448:
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3438:
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3423:
3419:
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3405:
3401:
3394:
3391:
3379:
3375:
3368:
3365:
3352:
3346:
3343:
3327:
3320:
3319:
3311:
3308:
3295:
3291:
3285:
3282:
3277:
3270:
3268:
3264:
3252:
3248:
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3232:
3224:
3223:
3215:
3212:
3199:
3195:
3189:
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3173:
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3163:
3160:
3147:
3143:
3137:
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3118:
3112:
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3035:
3032:
3027:
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3018:
3006:
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2961:
2958:
2954:
2949:
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2917:
2914:
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2898:
2892:
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2878:
2874:
2870:
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2861:
2853:
2850:
2838:
2837:
2832:
2825:
2822:
2806:
2802:
2798:
2792:
2789:
2774:
2768:
2765:
2752:
2746:
2743:
2739:
2734:
2731:
2726:
2720:
2704:
2698:
2695:
2691:
2686:
2680:
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2665:. 1 June 2012
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4599:Information
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4584:Alford plea
4524:Extradition
4238:21 December
4212:21 December
3819:21 December
3797:21 December
3775:17 February
3729:PACE Code C
3497:21 December
3427:17 February
3168:"R.A. 7438"
3152:22 November
3123:21 December
3010:17 February
2938:21 December
2810:. p. 5
2781:22 November
2757:17 February
2709:17 February
2669:15 February
2631:15 February
2544:www.loc.gov
2510:14 November
2488:14 November
2466:14 November
2444:14 November
2422:14 November
2400:14 November
2182:17 February
1920:Murray v UK
1826:Ibrahim v R
1817:issued the
1752:proceedings
1542:Switzerland
1331:translation
1127:Philippines
1010:New Zealand
997:Netherlands
876:(June 2022)
871:in Japanese
713: [
655:prosecution
630:garde à vue
542:harmonising
536:Within the
481:witness box
469:R. v. Singh
460:Section 10b
428:duty lawyer
237:due process
136:Edward Coke
91:Edward Coke
62:Edward Coke
4720:Categories
4690:WikiSource
4675:Wiktionary
4594:Indictment
4541:Indictment
4529:Grand jury
4472:Law portal
4453:Terry stop
4008:Legisworks
3653:34(1)(a)).
3574:Wikisource
3461:"SAPS 14A"
3447:www.gov.za
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2101:References
1834:R v Leckey
1455:Section 35
1023:Sian Elias
769:common law
621:See also:
485:Section 13
378:admissible
314:Article 33
309:Bangladesh
255:See also:
153:ex officio
149:Institutes
140:ex officio
124:mortal sin
114:ex officio
70:ex officio
68:and their
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4680:Wikibooks
4393:Detention
4289:cite book
3878:cite book
3353:. ABS-CBN
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2891:146426913
2842:4 January
2372:2 October
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1649:defender.
1386:Sr. Supt.
1382:Taiwanese
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1166:defendant
951:talk page
903:Consider
777:Cantonese
763:Hong Kong
610:Article 6
370:voluntary
354:section 7
268:Petty v R
251:Australia
243:Worldwide
227:in 1966.
178:(such as
55:defendant
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4652:Evidence
4269:(2016).
3745:Archived
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3709:15 March
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3646:15 March
3618:15 March
3515:Archived
2897:PDF file
2719:cite web
2605:21 April
2599:link PDF
2579:10 April
2058:See also
1930:Scotland
1748:evidence
1575:Thailand
1569:cantonal
1374:Japanese
1283:Filipino
1279:English
1156:—
1115:Pakistan
927:provide
781:Mandarin
657:and the
599:but the
382:evidence
4806:Silence
4448:Suspect
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4315:of the
4069:(1): 18
3751:of the
3471:27 July
3294:Twitter
3251:ABS-CBN
3101:6 April
2220:19 June
2157:27 July
2051:Miranda
2009:warning
2007:Miranda
1805:History
1750:in the
1644:reads:
1636:Ukraine
1457:of the
1370:Chinese
1352:during
1346:arrests
1339:Cebuano
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931:in the
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704:Germany
694:perjury
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659:defence
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487:of the
360:of the
316:of the
219:Miranda
200:warning
198:Miranda
145:Reports
128:perjury
98:brocard
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4378:Arrest
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3866:
3841:9 July
3731:(1998)
3716:value.
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1360:, the
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1193:murder
1084:Norway
1031:where
979:Latvia
829:Israel
823:Israel
617:France
458:While
449:Ottawa
437:Quebec
374:police
348:Canada
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4015:(PDF)
4004:(PDF)
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3322:(PDF)
3226:(PDF)
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4295:link
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4214:2011
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4115:2017
4075:2017
4041:2017
3953:2017
3910:2017
3884:link
3864:ISBN
3843:2014
3821:2011
3799:2011
3777:2018
3711:2017
3681:2017
3648:2017
3620:2017
3499:2011
3473:2017
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3154:2019
3125:2011
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3051:2015
3012:2018
2940:2011
2844:2020
2816:2011
2783:2019
2759:2018
2725:link
2711:2018
2690:Text
2671:2014
2633:2014
2607:2013
2581:2018
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