Nasonov S.A., Maksimova T.Yu. Criminal procedural guarantees of defendant’s right to not testify against themselves: analysis of the issues of legal precedent in cases of both, judge and jury trials

Abstract: This article examines the issue of procedural guarantees of defendant’s right to not testify against themselves. The article reveals the constitutional and international legal basis for this right, and analyzes the key positions of the Constitutional Court of the Russian Federation and the European Court of Human Rights. The authors note that the aforementioned right covers all statements made by the defendant regardless of their incriminating nature. A special attention is given to the analysis of the legal precedent, where the evidence acquired in violation of this right (protocols of verification of statements on the scene, confrontational questioning) are still deemed admissible. The work determines the prerequisites for such approach and underlines its contradictions with the Constitution of the Russian Federation and the Criminal Procedural Code of the Russian Federation. Particularly during the trial by jury, it is important to explain the full and precise meaning to the jurors of the right of the defendant to not testify against themselves.

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