'Rights during trial - remain silent' in document 'South Africa: Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 2
Bill of Rights (ss 7-39)

35 Arrested, detained and accused persons

(3) Every accused person has a right to a fair trial, which includes the right

(h) to be presumed innocent, to remain silent, and not to testify during the
proceedings;

Chapter 2
Bill of Rights (ss 7-39)

35 Arrested, detained and accused persons

(3) Every accused person has a right to a fair trial, which includes the right

(j) not to be compelled to give self-incriminating evidence;

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