The right to remain silent is one of the most crucial elements of criminal proceedings. However, it pertains exclusively to the accused, who, by exercising this right, cannot be interrogated or may refuse to answer specific questions. What should one know about the right to remain silent in criminal proceedings? Who, besides the accused, can refuse to testify?
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The right to remain silent is a fundamental privilege of a person accused of committing a crime. According to Article 175 § 1 of the Criminal Code, the accused may refuse to provide explanations or answer specific questions. They are not required to provide a reason for their decision. The right to refuse to testify is applicable even at the preliminary investigation stage. The suspect or accused must be informed of this right by the person conducting the interrogation. Failure to fulfill this obligation is a serious breach and undermines the institution of a fair trial.
Refusal to provide explanations means that the accused cannot be interrogated. This institution aims to prevent coercion of testimony and potential self-incrimination. On the other hand, the mere fact of refusing to provide explanations does not halt the proceedings. Law enforcement authorities may undertake other actions to clarify the matter and gather evidence. It is worth noting that refusal to testify is not synonymous with providing answers to specific questions. The accused may choose to testify, answering some questions while avoiding others. A criminal defense attorney present during the interrogation can further instruct the accused on testimony that may expose them to liability.
The right to remain silent derives directly from the Criminal Code. It is not subject to any interpretation. Its granting cannot be decided by a police officer, prosecutor, or judge. It is one of the pillars of a fair trial.
The refusal to testify is also a right of close relatives:
A close relative also does not need to provide a reason for deciding to exercise their right.
If you have been accused of committing a crime or a close relative is involved in the proceedings as the accused, you may exercise the institution of refusal to testify. There are no legal consequences in such a case, as it is a right directly derived from the provisions of the Criminal Code. However, if a third party, who serves as a witness in the proceedings, refuses to testify, the competent authority may impose legal consequences on them.
Refusal to testify does not lead to any consequences, provided it is declared in accordance with the law. Otherwise, the person refusing to provide explanations must anticipate a fine, which can amount to several thousand zlotys. If a witness fails to appear upon summons, the court may decide on compulsory appearance. Criminal liability is also associated with the possibility of the court applying temporary detention. However, this is a last resort in situations where a witness persistently refuses to cooperate without having the right to do so.
When can one refuse to testify? This right also applies to certain professional groups bound by confidentiality. It applies to, among others:
Witnesses bound by professional secrecy may generally refuse to answer questions aimed at revealing it. Only a court and prosecutor during preliminary proceedings can release them from professional secrecy by issuing an appropriate order. Disclosing it without the consent of the competent authority carries consequences in the form of criminal liability.
Individuals bound by professional secrecy cannot, however, invoke the right to refuse to testify based on the provisions of the Criminal Code. Separate provisions, arising from distinct statutes, apply to them. When exercising the right to refuse to answer questions or testify, they must invoke professional secrecy. In such situations, the prosecutor or court decides whether to grant a release.
The right to remain silent arises directly from the regulations and applies to suspects in criminal proceedings, accused persons, close relatives of the accused, and to some extent, individuals bound by professional secrecy. By exercising it, you do not expose yourself to criminal or financial liability. Another right that the accused may, and in many cases should, exercise is the right to legal assistance and representation. This is provided by a criminal defense attorney.
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