The French Constitutional Council has just handed down a major ruling on the right to remain silent that could revolutionize French criminal procedure. In a recent QPC ruling, the Sages declared unconstitutional the failure to notify the right to remain silent during the interrogation of a defendant already sentenced in absentia in the context of an information supplement. This decision highlights a major procedural flaw and confirms the role of the preliminary article of the Code of Criminal Procedure as a bulwark against the shortcomings of other provisions.
The impact of this ruling extends far beyond the case in point, since it generalizes notification of the right to remain silent to all stages of criminal proceedings. This fundamental change redefines the balance between the rights of the defense and the prerogatives of the investigating judge.
Explore the practical implications of this jurisprudential revolution for criminal procedure by consulting the detailed analysis