A pragmatic attitude: The right to silence in the Netherlands

This article examines the workings of the right to silence in a system, which retains a large number of the original 'inquisitorial' elements. The right to remain silent was and is a highly contested issue in the Netherlands, which is reflected in the fragmented and often contradictory nature of the respective legal provisions. The Netherlands has diligently implemented the relevant EU Directives and the ECtHR case law in legislation and/or through case law, including the case law on adverse inferences. However, tensions with the right to silence arise indirectly through legislative provisions... Mehr ...

Verfasser: ter Vrugt, P.
Dokumenttyp: Artikel
Erscheinungsdatum: 2021
Reihe/Periodikum: ter Vrugt , P 2021 , ' A pragmatic attitude: The right to silence in the Netherlands ' , New Journal of European Criminal Law , vol. 12 , no. 3 , pp. 389-407 . https://doi.org/10.1177/20322844211028312
Schlagwörter: Directive 2016/343 / right to silence / Netherlands / police interrogation / phone password
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-27597446
Datenquelle: BASE; Originalkatalog
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Link(s) : https://cris.maastrichtuniversity.nl/en/publications/bb3a0b60-9b8d-4399-b38c-b8a522d60296

This article examines the workings of the right to silence in a system, which retains a large number of the original 'inquisitorial' elements. The right to remain silent was and is a highly contested issue in the Netherlands, which is reflected in the fragmented and often contradictory nature of the respective legal provisions. The Netherlands has diligently implemented the relevant EU Directives and the ECtHR case law in legislation and/or through case law, including the case law on adverse inferences. However, tensions with the right to silence arise indirectly through legislative provisions and case law. Relevant examples are the provisions on interrogative pressure, on the use of suspects' statements made before invoking the right to silence and on the provision of access to digital data (such as phone passwords) by suspects for the purposes of investigation.