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沉默权(the right to silence),又被称为反对自我归罪的特权,是指现代刑事诉讼中一项专属于犯罪嫌疑人、被告人的基本权利。作为无罪推定原则的核心内容,它是指犯罪嫌疑人、被告人不能被迫做不利于自己的供述。按照这项权利要求,只有自愿做出的供述才能作为证据采纳:凡是以暴力、威胁、利诱、欺骗和违法羁押等手段获取的供述不能作为定案的依据。具体来说,沉默权有三层含义:(1)
The right to silence, also known as the privilege of self-incrimination, refers to a fundamental right in modern criminal proceedings that is specific to suspects and defendants. As the core of the principle of presumption of innocence, it refers to the criminal suspects, the accused can not be forced to do is not conducive to their own confession. According to this claim, only confessions voluntarily can be admitted as evidence: any confession acquired by means of violence, threats, inducements, deceptions and unlawful detention can not be used as a basis for finalizing the case. Specifically, the right to silence has three meanings: (1)