It is legal, authorized by the code of criminal procedure, and yet completely counter-intuitive.
This right, although perfectly framed, is often ignored by those who undergo interrogation. Maître Claro, penalty lawyer, clearly explains it in a video published on his Instagram account: there is a principle, central to the French judicial organization, which aims to guarantee that no one is forced to contribute to his own conviction. It is not a flaw, nor a flexible interpretation of the law, it is a basic rule, written black on white in the official texts. But, what does this allow you concretely?
First of all, know that during an interrogation, anyone pursued can be silent. Refusing to answer, including faced with specific or insistent questions, is perfectly authorized. “You have the right to remain silent”recalls the lawyer. This silence does not have to be justified and cannot in any case be retained against the person in the evaluation of their guilt.
The right in question does not depend on the place or the phase of the procedure. It is valid in free hearing, in police custody, before an investigating judge or in correctional hearing. In short, it applies whatever the nature of the offense. The lawyer warns, however: “It is not necessarily a good strategic choice, beware. It depends on your file, the nature of the evidence, the context …” Each situation calls for an analysis and an informed decision. The lawyer therefore recommends asking for advice from a professional before deciding.
But the essential does not stop there. Indeed, what the law provides in this context is particularly confusing. Very concretely, when a questioning decides to answer, nothing forces him to provide answers which would be unfavorable to him. He can quite choose to express himself without serving the investigation. As Maître Claro sums it up: “You have perfectly the right to lie, the right to not answer effectively, usefully to the questions at the risk that this allows to collect evidence against you.”
As surprising as it may seem, lying is indeed a right which is granted to you, inscribed in the law and which can be strongly advised by your lawyer. Be careful however, this right is strictly reserved for people implicated. It does not apply to witnesses. On this point, the law is formal and the lawyer reminds us: “A witness does not have this right.” The difference is clear and is based on a simple legal logic: witnesses do not encourage pain, so the law imposes a duty of honesty, where the defense benefits from a specific room for maneuver. A training that can be very useful in certain circumstances!
