The Right not to Incriminate Oneself as an Essential Aspect of the Right to a Fair Trial in the Application of Simplified Forms of Criminal Procedure

This paper analyses the right not to incriminate oneself as a constituent element of a fair trial in the application of simplified forms of criminal procedure. The right to a fair trial is not entirely ensured to persons against whom the simplified forms of criminal procedure which do not include a...

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Main Author: Irēna Ņesterova
Format: Article
Language:English
Published: University of Latvia Press 2022-09-01
Series:Law: Journal of the University of Latvia
Subjects:
Online Access:https://journal.lu.lv/jull/article/view/226
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author Irēna Ņesterova
author_facet Irēna Ņesterova
author_sort Irēna Ņesterova
collection DOAJ
description This paper analyses the right not to incriminate oneself as a constituent element of a fair trial in the application of simplified forms of criminal procedure. The right to a fair trial is not entirely ensured to persons against whom the simplified forms of criminal procedure which do not include adjudication of a case in a court or direct and oral examination of evidence in a court hearing are applied. To prevent miscarriage of justice, i.e., that innocent persons are convicted as a result of the application of simplified forms of criminal procedure it is essential to ensure the right not to incriminate oneself, which, inter alia, includes the right not to be compelled to admit guilt. The author argues that to ensure the right not to incriminate oneself the prerequisite for the application of the simplified forms of criminal procedure should be their acceptance and the admission of guilt by a person. The author also explores whether the system of Latvian criminal procedure provides effective procedural safeguards to ensure that the attitude of the person is expressed knowingly and freely.
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spelling doaj.art-aa45441b7a6d49d28b680c71d88826842022-12-22T03:35:01ZengUniversity of Latvia PressLaw: Journal of the University of Latvia1691-76772592-93642022-09-015The Right not to Incriminate Oneself as an Essential Aspect of the Right to a Fair Trial in the Application of Simplified Forms of Criminal ProcedureIrēna Ņesterova0University of Latvia This paper analyses the right not to incriminate oneself as a constituent element of a fair trial in the application of simplified forms of criminal procedure. The right to a fair trial is not entirely ensured to persons against whom the simplified forms of criminal procedure which do not include adjudication of a case in a court or direct and oral examination of evidence in a court hearing are applied. To prevent miscarriage of justice, i.e., that innocent persons are convicted as a result of the application of simplified forms of criminal procedure it is essential to ensure the right not to incriminate oneself, which, inter alia, includes the right not to be compelled to admit guilt. The author argues that to ensure the right not to incriminate oneself the prerequisite for the application of the simplified forms of criminal procedure should be their acceptance and the admission of guilt by a person. The author also explores whether the system of Latvian criminal procedure provides effective procedural safeguards to ensure that the attitude of the person is expressed knowingly and freely. https://journal.lu.lv/jull/article/view/226Right to a fair trialright not to incriminate oneselfadmission of guiltsimplified forms of criminal proceduresimplification of criminal procedureright to a defence
spellingShingle Irēna Ņesterova
The Right not to Incriminate Oneself as an Essential Aspect of the Right to a Fair Trial in the Application of Simplified Forms of Criminal Procedure
Law: Journal of the University of Latvia
Right to a fair trial
right not to incriminate oneself
admission of guilt
simplified forms of criminal procedure
simplification of criminal procedure
right to a defence
title The Right not to Incriminate Oneself as an Essential Aspect of the Right to a Fair Trial in the Application of Simplified Forms of Criminal Procedure
title_full The Right not to Incriminate Oneself as an Essential Aspect of the Right to a Fair Trial in the Application of Simplified Forms of Criminal Procedure
title_fullStr The Right not to Incriminate Oneself as an Essential Aspect of the Right to a Fair Trial in the Application of Simplified Forms of Criminal Procedure
title_full_unstemmed The Right not to Incriminate Oneself as an Essential Aspect of the Right to a Fair Trial in the Application of Simplified Forms of Criminal Procedure
title_short The Right not to Incriminate Oneself as an Essential Aspect of the Right to a Fair Trial in the Application of Simplified Forms of Criminal Procedure
title_sort right not to incriminate oneself as an essential aspect of the right to a fair trial in the application of simplified forms of criminal procedure
topic Right to a fair trial
right not to incriminate oneself
admission of guilt
simplified forms of criminal procedure
simplification of criminal procedure
right to a defence
url https://journal.lu.lv/jull/article/view/226
work_keys_str_mv AT irenanesterova therightnottoincriminateoneselfasanessentialaspectoftherighttoafairtrialintheapplicationofsimplifiedformsofcriminalprocedure
AT irenanesterova rightnottoincriminateoneselfasanessentialaspectoftherighttoafairtrialintheapplicationofsimplifiedformsofcriminalprocedure