RESTRICTING THE RIGHT TO SILENCE IN CRIMINAL PROCEEDINGS: THE AUSTRALIAN EXPERIENCE

Abstract

In the article, the author considers the issues of limiting the right to silence in criminal proceedings based on the experience of common law countries, in particular Australia, where the legislator adopted a number of legal acts aimed at limiting the right to silence, outlining its boundaries in order to simplify the consideration of a criminal case and speed up its disclosure by the investigator. The author analyzes a number of legal acts and the restrictions and sanctions they contain that contradict the nature of the institution of the right to silence, among which one can single out the deprivation of the right of the defendant to refer to evidence that was veiled by the right to silence and was not presented to the investigator during interrogation. This restriction is explained by the fact that by failing to report all the conditions of the criminal case, the defendant prevented the investigator from fully considering and disclosing the criminal case. The author argues that the right to silence is an inalienable human right, which is provided by international legal acts and, in particular, by the criminal procedure law of the Republic of Uzbekistan. Having studied the experience of Australia on the possibility of restricting the right of an individual to remain silent, the author comes to the conclusion that these legislative innovations cannot be used in the Republic of Uzbekistan as contrary to the legal nature of the right to remain silent.