DEBATE SOBRE SILENCIO DEL IMPUTADO

Abstract

The paper discusses the posibility of extract inferences against de defendant from his silence. First it confronts the opinions that the right to remain silent in incompatible with any use of the same silence to extract inferences against the defendant. According the author the issue is disputed in legal theory, in the international law of Humans Rigths and in comparative law. Finaly the text argues that according a correct interpretation of the chilean law of criminal procedure the use of the defendant’s silence against himself is no only allowed, but is required that the judge analices its meaning in the decision to avoid an abussive use of it