The right not to incriminate oneself in administrative sanctions procedure: a study in the light of the case-law of the European Court of Justice
DOI:
https://doi.org/10.24197/ree.79.2022.367-388Keywords:
The right not to incriminate oneself, Administrative Sanctions Procedure, European Union, legal entitiesAbstract
: The right not to incriminate oneself is configured as a fundamental right integrated in the broadest right of defense and it is recognized in the most important international treaties of our legal environment. Its operability in the framework of criminal proceedings is not in doubt, nor is its transfer to the scope of the administrative sanctioning procedure. However, the purpose of this paper will be to analyze the scope of the right to remain silent and not to confess guilt in administrative proceedings, not only in the administrative santioning proceedings, but also in inspection proceedings, as well as its operability in relation to legal entities. All this in the light of the jurisprudence of the CJEU.
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