In Zambia, the right to remain silent is enshrined in the Constitution and is an important part of the country’s criminal justice system. Here are some key points about this right in Zambia:
Thank you for reading this post, don't forget to subscribe!- Constitutional Protection: The right to remain silent is protected under Article 18(7) of the Constitution of Zambia. This article states that a person charged with a criminal offense shall not be compelled to give evidence at the trial.
- Presumption of Innocence: This right is closely tied to the presumption of innocence, which is also guaranteed by the Zambian Constitution. The burden of proof lies with the prosecution, and the accused is not required to prove their innocence.
- Police Questioning: During police questioning, individuals have the right to remain silent. They are not obligated to answer questions or provide information that might incriminate them.
- Court Proceedings: In court, an accused person has the right not to testify in their own defense. The court and the prosecution cannot draw negative inferences from this silence.
- Exceptions: There are some limited exceptions where individuals may be required to provide certain information, such as their name and address to the police when asked.
- Legal Representation: The right to remain silent is often exercised in conjunction with the right to legal representation. Accused persons have the right to consult with a lawyer before answering questions.
It’s important to note that while the right to remain silent is a fundamental protection, its application can be complex in practice. The specific circumstances of each case can affect how this right is interpreted and applied.
For more detailed information or if you have a specific situation in mind, it would be advisable to consult with a Zambian legal professional who can provide advice tailored to the particular circumstances.