'Rights during trial - remain silent' in document 'Japan - Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part I
General Provisions

Chapter XI
Examination of Witnesses

Article 147

Any person may refuse to give testimony when there is the fear that such testimony may result in criminal prosecution or conviction against :

(i) His/her spouse, blood relatives within the third degree of kinship or relatives by affinity within the second degree of kinship or a person who formerly had such relative relationships with him/her ;
(ii) His/her guardian, the supervisor of his/her guardian or a curator ;
(iii) A person for whom he/she is a guardian, supervisor of a guardian or a curator.

Part II
First Instance

Chapter III
Public Trial

Section 1
Trial Preparation and Trial Procedure

Article 311

(1) The accused may remain silent at all times or may refuse to answer particular questions.

(2) When the accused makes a statement voluntarily, the presiding judge may ask the accused any necessary questions at any time.

(3) The associate judge, the public prosecutor, the counsel, the codefendant or his/her counsel may, by notifying the presiding judge, also ask questions as prescribed in the preceding paragraph.

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence