Application of the right against self-incrimination in administrative sanctioning proceedings: A Comparative Analysis of the Case Law of the European Court of Human Rights and the Chilean Constitutional Court

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Javier Escobar Veas

Abstract

The right against self-incrimination can be understood as the right of all persons to remain silent and not to be forced to collaborate with an investigation against them. One of the main discussions about this right is related to its field of application, especially regarding the question of whether it is possible or not to recognize its application in administrative sanctioning proceedings. In other words, do persons charged in administrative sanctioning proceedings have the right against self-incrimination? This article aims to analyze, from a comparative perspective, the evolution and current state of the case law of the European Court of Human Rights and the Chilean Constitutional Court on this matter, in order to elucidate how these two courts have resolved the question posed.

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Doctrina: Estudios e Investigaciones