Right of the accused to remain silent. The news coverage of criminal trials in the media who are celebrating these days devote a special mention to the refusal of some defendants to respond to the questions of the allegations or some of them, giving the negative a tinge of contempt for these people that should be frowned on by the receiver of the information. The same happens at times when, without refusing to testify, the accused poured manifestations exculpatory that are unconscionable and violate the intelligence of the listener or reader. But the behaviors are procedural do not respond to a tantrum or frivolity provocative of the declarant, but rather a strategy procedure perfectly legitimate, established as a fundamental right by article 2 (2). Spanish constitution, according to which “... Can someone who has committed a crime is passed by the head that is being investigated or accused of the authorship of a crime is to recognize openly the facts, if it is not after reaching a accordance with the charges I to obtain benefits penológicos there are Always exceptions, but outside of these assumptions, it is logical that the conduct of the investigated or accused person is not to put all kinds of obstacles –factual and procedural– to the investigation of the facts and the connection of the same with his person. Por that, among those rights is also the right to lie. Because, in the end, the burden of proof to the accusations, these being those who have to demonstrate the reality of the facts and the authorship of the same. These rights of the accused governed from the time of his initial detention and interrogation by the police, going through the judicial phase of instruction up to the trial, including their right to the last word. Law of Criminal procedure. Our Law of Criminal procedure spelled out these rights in two of its precepts: - In the first place with respect to detainees and prisoners, in paragraph 2 of article 5. Organic Laws 52. B - And, secondly, the repeated fundamental rights are also recognised in respect of those investigated and prosecuted in paragraph 1 of article 1. LECrim, which was also the subject of those two legal reforms followed, and the lines of current is very similar to that of the precept to which we have just alluded. However, for the prosecution phase our rule of criminal procedure does not contemplate the repeated rights of a direct and clear, although it is implied in some verses, for example in art. After you uncover the alleged payments to Bárbara King who did not speak of his relationship with Don Juan Carlos I. The right to the last word that we have referred to above are contained in article 7. This same year 2. European union has issued a Directive which expressly refers to these rights. So, the Directive (EU) 2. Reinforced in the Criminal Process Certain Aspects of the Presumption of Innocence and the Right to Be Present at the Trial (SPLEG1. Member States shall ensure that suspects and accused persons have the right to remain silent in relation to the criminal offence that they are suspected or accused. Member States shall ensure that suspects and accused persons have the right not to testify against themselves. You can Save SilencioEl exercise of the right not to testify against itself shall not prevent the competent authorities collect the evidence that may be obtained legally through the legitimate exercise of coercive powers and that have an existence independent of the will of the suspects or accused persons. Member States may allow their judicial authorities that, when passing sentence, to take into consideration a behavior of a cooperator on the part of suspects and accused persons. The exercise on the part of the suspects and defendants the right to remain silent and not to testify against themselves is not to be used against you or be deemed to be proof of having committed the criminal offence in question. The provisions of this article shall not limit the right of member States to decide that, for minor offenses, the course of the proceedings, or certain stages of this development by writing, or without interrogation of the suspect or accused person by the competent authorities in relation to the criminal offence in question, provided that it respects the right to a fair trial”. Valuation of the silence: “doctrine Murray,”What Are the consequences of this silence of the defendant in the judgment that is going to dictate The answer to this question began studying a judgment of the European Court of Human Rights of 8 February 1. Doctrine Murray”. The european body noted that the rights to remain silent and not to testify against himself, are integrated within the concept of “fair process” of article 6 of the European Convention on Human Rights; however, are not absolute rights, because sometimes the silence of the accused may bring adverse consequences when, in the judgment evaluated the evidence against it. For this reason, it follows by reasoning of this judgment, it is necessary to analyse each case in particular, as the national court cannot establish, a priori, a finding of guilt simply because the defendant has chosen to remain silent. Will depend on the existing test, in such a way that: (a) Whether the evidence against the defendant puts this in a situation that requires an explanation on your part and is not offered, such omission suggests that he did not because he is guilty. On the contrary, if the test of the accusation is not so conclusive as to require the explanation of the accused, the silence of this may not be sufficient to dictate a finding of guilt. The mother of a student does not believe in the version of the suicide; the UAZ asks him to keep quiet. Share. Share. Share. Download Tom Of Finland (2017) Movie. Email. By Alberto Morones. ZACATECAS. After the unfortunate death of the student of bachelor of Foreign Languages of the Autonomous University of Zacatecas (UAZ), who allegedly took his life during a trip of the practices that he carried out together with 3. Xcupil, his mother, mrs. Maria del Socorro del Rio, said it's hard to believe that is the situation. In an interview to Portico Online, the mother of José Alberto Pérez, who presumably took her life by cutting his neck with a knife, said he did not trust the statements that have been given around the case, because the Tuesday morning, received a call from her son where he expressed being harassed by their peers and urgency for a return to Zacatecas. I spoke the day before at one in the morning and told me: mom, I already I want to go, I started to talk about the pyramids, and my colleagues dismissed it as that I was crazy, I started to say things, and I already want to go mommy, because here I feel alone.” “I said, mom, if anything happens to me I'm in a town of Campeche, and asked: do not you have spoken by phone in the Foreign Language of the bachelor's degree I said: what do I have to speak And said: do not, if you speak non-answer, but I want you to know that if anything happens to me I'm in this town, and was all”it Was on Tuesday morning when he received the news that his son had suffered an accident in which he lost his life. First, he pointed out that he had suffered a fall during the Monday, hitting the jugular and bleeding to death in three minutes. Subsequently, the mother of the now deceased, sought in the newspapers of the local media in Campeche and it was there where he learned of the version that until now has, of suicide. In other comments he says that a day before had been placed to take, and that is heard as beats and all that, but obviously we don't know what, because he died at 7: 4. Previously José Alberto, of 2. Just started not to say many things, I do not know if you were threatened with something, that something, something was said to me: mom go to talk with the teacher Othniel, and tell them what is going on with me, but go, look for it in the face, inbox, and if something happens to me, I'm here. I don't really knew if you had bullying or what he did.” Reported that the authorities of the university were presented with it last night, to arrange all the paperwork for the transfer of the body, and today 1. The authorities told us they did not put either nothing in the social networks, the University also; I think for that is clean the name of the University and all, but well, it's not fair”. With respect to the 3. María del Socorro reported that yesterday notice was given that the boys already came back to Zacatecas. If he took his own life, if not removed, something was there, and I pray that there is justice, don't hide things.” At the end of the interview, doña María del Socorro del Río began his transfer to the state of Campeche to recover the body of his son. Ii day maurice blanchot “save (the) silence,” march 10, 2017, faculty of philosophy and letters, university of buenos aires organized by: blanchotianxs. Here we will share three situations in which it is better to keep silent and simply listen. July 2017. Rater Online; System. Worrying silence from barbuda September 6 2017;. The establishment in Costa del Silencio. Opinion written on the 10th march 2017 for a stay in January 2017. With millions of reviews and payments online.