'Rights during investigation - remain silent' in document 'Russia - Criminal procedure code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part One. General Provisions

Section II. Participants in the Criminal Court Proceedings

Chapter 7. Participants in the Criminal Court Proceedings on the Side of the
Defence

Article 46. The Suspect

4. 2) to give explanations and evidence concerning the suspicion moved against him or to refuse giving the explanations and the evidence. If the suspect agrees to give evidence, he/she has to be warned that his/her evidence may be used as proof in a criminal case, and likewise in the event of his/her subsequent denial of this evidence, save for the instance provided for by Item 1 of Part Two of Article 75 of this Code ;

Part Two. Pre-Trial Proceedings

Section VIII. Preliminary Inquisition

Chapter 23. Bringing to Court the Accused. Bringing the Charge

Article 173. Interrogation of the Accused

2. At the beginning of the interrogation, the investigator shall find out whether the accused recognizes himself as being guilty, whether he wishes to give evidence on the merits of the charge brought against him and in what language. If the accused refuses to give evidence, the investigator shall make a corresponding entry into the protocol of his interrogation .

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