حق المتهم في الإمتناع عن التصريح في التشريع الجزائري

Abstract

What the evidence is based on and what the evidence indicates is that the origin in man is innocence, and the assumption of its existence in the criminal law is a natural matter that is consistent with reason and logic. Therefore, it has been approved as a universal principle agreed upon by mankind, before it was constitutionally stipulated. Most countries seek to perpetuate and protect it in order to guarantee freedom Characterized by it and the society of chaos and deviation. Despite the importance of this right to ensure the proper conduct of the criminal case, some have opposed it on the basis of society's right to reach the truth and to be beaten at the hands of criminals, which requires the accused to cooperate with the investigation authorities and not refrain from making a statement. Although the right of the accused to refrain from making a statement is rooted as one of the rights of the defence, it is affected when applied by the stages of the criminal case, the tool adopted in it to reach the truth, and the extent of the judge’s conviction and his discretion