Silence; Aspect of Defensive Right of Defendant in Fair Trial

Defensive rights of defendant as one of fair trial components is collections of facilities that defendant use for receiving all rights and benefits. One of clear aspects of defendant’s defensive rights as challengeable issues of modern criminal law, is his/her silence right in all processes of proceedings; prosecution and giving accusation to carry verdict. Observance of silence right risk profits of society in ease detecting crime and prosecuting offender in one side, inobservance decrease vested rights of defendant in fair trial process on other side. Volitional silence right of defendant who know his/her right to be silent is clear principle, but lawful force of prosecuting, inquiring and hearing officials by seeing of human right’s doctrine and new recitations of acquittal principle’s components by declaring this right to defendant, internal legislator don’t observe. Question is what is obligation, if defendant doesn’t know his/her silence right in contact of officials? In this paper, try to by examining criminal procedure laws and international deeds show necessity or unnecessary of officials and limitations in declaring to defendant to be silent about accusation..