A right, not an admission
The right to silence is set out in Article 61(1)(d) of the Code of Criminal Procedure, which guarantees the defendantA person formally named as a suspect in criminal proceedings, with specific defense rights, including the right to silence. the option not to answer questions about the facts they are accused of. Exercising it cannot be interpreted as an indication of guilt and does not harm the defendant’s case at any stage of the proceedings. Even so, the decision about when to speak and when to remain silent should always be made with legal support present, not in isolation.
What this means in practice
During interrogation, the defendant may answer some questions and refuse to answer others, without this constituting a procedural contradiction. Deciding on the most appropriate strategy at each stage of the process is one of the reasons why having defense counsel present from the very first proceeding is decisive.
© 2026 Horacio Baptista Ladera. All rights reserved. Reproduction prohibited without prior authorization.
