Rights during investigation - remain silent

Ukraine

Code of Criminal Procedure of Ukraine 2012 (2020)

Section I

GENERAL PROVISIONS

Chapter 3

PARTICIPANTS TO THE PROCESS, THEIR RIGHTS AND DUTIES

Article 43. The accused and his/her rights

The accused has the right to: know what he/she is accused of; give testimonies related to the charges brought or refuse testifying and answering questions; have a defense counsel and meet him/her before the first examination; produce evidence; submit motions; review all records of the case after the completion of pre-trial investigation or inquiry; participate in the trial conducted by trial court; propose disqualifications; submit complaints against actions and decisions of the inquirer, investigator, prosecutor, judge, and court, and, with appropriate grounds present, have his/her security ensured.

The defendant has the right to the last statement.

Section I

GENERAL PROVISIONS

Chapter 3

PARTICIPANTS TO THE PROCESS, THEIR RIGHTS AND DUTIES

Article 43-1. Suspect

The suspect has the right to: know what he/she is suspected of; give testimonies or refuse testifying and answering questions; have a defense counsel and meet him/her before the first examination; produce evidence; submit motions and propose disqualifications; request that the court or prosecutor verify legality of the apprehension; submit complaints against actions and decisions of the officer who conducts operational-detective activities, inquirer, investigator, and prosecutor , and, with appropriate grounds present, have his/her security ensured.

Section II

INSTITUTING CRIMINAL PROCEEDINGS, INQUIRY, AND PRE-TRIAL INVESTIGATION

Chapter 12

BRINGING CHARGES AND INTERROGATION OF THE ACCUSED

Article 142. Advising the accused of his/her rights during investigation

2) testify with regard to charges brought or refuse testifying and answering questions;

Constitution of Ukraine 1996 (2016)

Title II

HUMAN AND CITIZEN RIGHTS, FREEDOMS, AND DUTIES

Article 63. A person shall not bear responsibility for refusing to testify or to provide explanations about himself/herself, members of his/her family, or close relatives, the circle of whom is determined by law.

Rome Statute

Article 55 Rights of persons during an investigation

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;