CHAPTER 2

PRESUMPTION OF INNOCENCE

Right to remain silent and right not to incriminate oneself
Article 7
1
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 of having committed.
2
Member States shall ensure that suspects and accused persons have the right not to incriminate themselves.
3
The exercise of the right not to incriminate oneself shall not prevent the competent authorities from gathering evidence which may be lawfully obtained through the use of legal powers of compulsion and which has an existence independent of the will of the suspects or accused persons.
4
Member States may allow their judicial authorities to take into account, when sentencing, cooperative behaviour of suspects and accused persons.
5
The exercise by suspects and accused persons of the right to remain silent or of the right not to incriminate oneself shall not be used against them and shall not be considered to be evidence that they have committed the criminal offence concerned.
6
This Article shall not preclude Member States from deciding that, with regard to minor offences, the conduct of the proceedings, or certain stages thereof, may take place in writing or without questioning of the suspect or accused person by the competent authorities in relation to the offence concerned, provided that this complies with the right to a fair trial.