THE ACCUSED’S RIGHT TO SILENCE IN CRIMINAL PROCEEDINGS IN THE FEDERAL REPUBLIC OF GERMANY AND EXPERIENCE IN VIETNAM

Abstract

The right to silence is one of the fundamental and indispensable rights in criminal proceedings to ensure the supreme and legitimate rights and interests of all individuals in society. The right to silence ensures the activities of the proceedings-conducting agencies that are truly responsible, objective, comprehensive, and ensure justice and fairness, and handle the right people, the right crimes, and the law, and do not do injustice to the innocent. This article analyzes and clarifies the accused’s right to silence in the criminal procedure of the Federal Republic of Germany and the criminal procedure law of Vietnam, analyzing and clarifying the limitations in regulations on the accused’s right to silence and recommending measures to ensure the accused’s right to silence in Vietnamese criminal proceedings.