An accused has the "
right to be silent
" before the judge of freedoms and detention in the event of an immediate appearance and this must be reminded to him, the Constitutional Council decided Thursday, March 4, filling a legal void denounced by many lawyers.
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While the right to remain silent may be exercised throughout the proceedings, no provision of the Code of Criminal Procedure required that he be recalled within the framework of the immediate appearance proceedings.
“
By not providing that the accused brought before the liberty and detention judge must be informed of his right to remain silent, the contested provisions infringe this right.
(The Constitutional Council) consequently declares the contested provisions contrary to the Constitution
”, decided the“
Sages
”of the rue de Montpensier.
When invited by the judge of freedoms and detention to present his observations, the accused may have to admit the facts with which he is accused, underlined the Council.
However, until now, "
the very fact that this magistrate invites the accused to present his observations may be such as to lead him to believe that he does not have the right to be silent
", also put forward the guard of the Constitution.
The Constitutional Council set 31 December 2021 as the date for the repeal of the contested provisions.
Until the entry into force of a new law, the judge of freedoms and detention will have to inform the accused appearing before him of his right to remain silent, demanded the Constitutional Council.
The right not to contribute to one's own incrimination and to remain silent, commonly known as the “
right
to remain
silent
”, is protected by the International Covenant on Civil and Political Rights and is an integral part of the right to a fair trial, a guaranteed principle by the European Convention on Human Rights.
