'Rights during investigation - remain silent' in document 'Germany - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART ONE
GENERAL PROVISIONS

CHAPTER IX
ARREST AND PROVISIONAL APPREHENSION

Section 114b
[Instruction of Arrested Accused; Rights]

(2)2. has the right to reply to the accusation or to remain silent;

PART ONE
GENERAL PROVISIONS

CHAPTER IX
ARREST AND PROVISIONAL APPREHENSION

Section 115
[Examination by the Court]

(3) During the examination, the incriminating circumstances shall be pointed out to the accused and he shall be informed of his right to reply to the accusation or to remain silent. He shall be given an opportunity to remove grounds for suspicion and arrest and to present those facts which speak in his favour.

PART ONE
GENERAL PROVISIONS

CHAPTER X
EXAMINATION OF THE ACCUSED

Section 136.
[First Examination]

(1) At the commencement of the first examination, the accused shall be informed of the offence with which he is charged and of the applicable criminal law provisions. He shall be advised that the law grants him the right to respond to the charges, or not to make any statement on the charges, and the right, at any stage, even prior to his examination, to consult with defence counsel of his choice. He shall further be advised that he may request evidence to be taken in his defence. In appropriate cases the accused shall also be informed that he may make a written statement, and of the possibility of perpetrator-victim mediation.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence

ANALYSIS

This provision follows the ICC Statute.

 

This right is provided under Section 115(3) of the Criminal Procedure Code - Strafprozessordnung (StPO), which provides that "During the examination, the incriminating circumstances shall be pointed out to the accused and he shall be informed of his right to reply to the accusation or to remain silent. He shall be given an opportunity to remove grounds for suspicion and arrest and to present those facts which speak in his favour".