Criminal Defence & White-Collar Crime · Legal briefing
Questioning Under Caution & Silence
By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:
The practical dilemma
An investigator suggests that explaining everything immediately will close the matter and that silence will look bad. How should you respond?
The legal position
A suspect should understand the allegation and applicable rights. Protection against self-incrimination is grounded, among other provisions, in section 47 of the Evidence Ordinance and investigation law. A detainee’s consultation right appears in section 34 of the Arrests Law 1996, with limited lawful postponements, including security provisions. Silence may carry evidential implications; consultation does not automatically stop an investigation. Official source 1 Official source 2
Your next step
Establish whether you are a suspect or witness and request legal advice before giving an account. Do not delete material or coordinate evidence. Decide how to answer in light of the allegation and evidence, rather than a universal rule about silence.