The Suspect's Right to Remain Silent as A Guarantee of Human Rights Between Criminal Justice and Procedural Legitimacy

Authors

  • Dr. Benmessaoud Hayet University of Abdelhamid IBN Badis, Mostaganem, Algeria
  • Dr. Bokreta Ali Lecturer A, University of Djilali Bounaama, Algeria
  • Dr student. Larouci Rachid Faculty of Legal and Political Sciences, University of Nouakchott, Mauritania.

Keywords:

suspect, right to silence, judicial police authorities, preliminary investigation stage.

Abstract

Criminal procedure is governed by the constitutional rule that innocence is the fundamental principle of human beings and therefore judicial police authorities must deal with the person under suspicion in a fair and just manner Assuming his innocence requires that he not be required to provide any evidence of his innocence, which allows him to exercise his right to silence, which represents one of the manifestations of his self-defense, without his silence being interpreted as evidence of conviction, which requires the necessity of providing the necessary legal protection to exercise this right.

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Published

11-04-2026

How to Cite

Dr. Benmessaoud Hayet, et al. “The Suspect’s Right to Remain Silent As A Guarantee of Human Rights Between Criminal Justice and Procedural Legitimacy”. The Sankalpa: International Journal of Management Decisions, vol. 12, no. 1, Apr. 2026, pp. 2258-6, https://thesankalpa.org/ijmd/article/view/352.

Issue

Section

Original Articles