þagnarréttar

þagnarréttar is an Icelandic legal term that translates to "right to silence" or "privilege against self-incrimination." It is a fundamental principle in Icelandic criminal procedure, ensuring that individuals are not compelled to testify against themselves. This right protects individuals from being forced to provide evidence that could lead to their own conviction or prosecution.

The right to silence is enshrined in Icelandic law, notably within the Criminal Procedure Act. It applies during investigations, interrogations, and court proceedings. A person suspected of a crime has the right to refuse to answer questions posed by law enforcement or judicial authorities. This refusal cannot be used as evidence of guilt.

While the right to silence is strong, there are certain limitations and nuances. For instance, it primarily applies to providing self-incriminating testimony. It does not generally extend to refusing to provide identifying information, such as name and address, or to cooperate with lawful requests that do not involve self-incrimination. The application of þagnarréttar is a crucial safeguard against potential abuses of power and ensures a fairer legal process for individuals facing criminal accusations.