الحق في الصمت خلال الوضع تحت الحراسة النظرية

Abstract EN

Jurists and jurists link the right to silence with the presumption of innocence, the rights of defense and a fair criminal trial, for its importance as a balance tool between the legal centers of the parties to the criminal litigation, and a means to make the judicial system effective, thus opening the door to jurisprudential interpretations and contradictory judicial jurisprudence.

Accordingly, we will try, through the available studies and judicial rulings, to hold the Moroccan criminal legislator accountable for his legislative philosophy by stipulating this right in this way, and what are the protections and guarantees that he has created to exercise this right? Or incriminate him, as for the one who is subjected to the subject also under theoretical custody, he has become condemned and there is no benefit from his enjoyment of these guarantees.

To get acquainted with these various aspects, we will focus our study on two axes.