Opening Pandora's Box: The Right to Silence in Police Interrogations and the Directive 2016/343/EU

Anna Pivaty*, Ashlee Beazley, Dorris de Vocht, Laura Beckers, Peggy ter Vrugt, Y. Daly

*Corresponding author for this work

Research output: Contribution to journalArticleAcademic

Abstract

This article examines the provisions of the Directive 2016/343 related to the right to remain silent with special emphasis on pre-trial proceedings and police interrogations. It focuses on the inherent contradictions and unclarities of the respective provisions, particularly when interpreted in light of the respective ECtHR case law. The article also identifies areas, relevant to regulation of suspect interrogations and the right to silence, which are not addressed in the Directive or the ECtHR jurisprudence. It concludes by critically assessing the likely effectiveness of the Directive provisions in ensuring the right to silence in criminal proceedings.
Original languageEnglish
Pages (from-to)328-346
JournalNew Journal of European Criminal Law
Volume12
Issue number3
DOIs
Publication statusPublished - 2021

Cite this