The defendant’s right to silence and its legal foundation as a safeguard for criminal justice
In this research, we have
addresscd one the important rights that every pewsonenjoys. Regardless of the
accusation againsthim. The basicprinciple of humam innocence is that
manisinnocent, so what quarantees does he have toprovhis innocence in this
study, we have tried to present yhis rightinits rntirety. Clarifying the legal
implication that taint it, and explaning the different of vuew relatrd to this
right through and points of view related to it "the right" by
dividing the study into two reguirements we dealt in the first one with the
nature of the right of the accused to silence and the basis on which this raleis
basedandin the second the guarantes of the accused from silence and the scope
of its application? And did we discussin this research the position of the
lawon this right we explained the position of different legislations on the
eight toslence, especially the Libyan lcgislator and the teachel in our land of
different excluded opinions as well A study on the most important procedural
and substantire quarantees. The accused exercises his vight to silence, and the
extent to which we have been denicd. We studied the extent to which the accused
enjoys this right throughout the stages of the criminal case, and concluded
with a conclusion. We arrived at a set of recommendations from the case of the
group, which we recommend being adopted.