The question of whether the privilege against self-incrimination should cover physical search as well as the obligation to provide documents requires a serious examination of the justifications underlying the privilege against self-incrimination, and is of particular relevance in the current age of technological transformations that expand the powers assigned to law-enforcement agencies to access knowledge and thoughts stored in individuals' minds. The paper addresses the comparative law regarding the applicability of the privilege to physical search and to the obligation to submit documents and discusses key justifications of the privilege against self-incrimination. The paper concludes that applying the privilege against self-incrimination to physical search and to the obligation to submit documents is necessary to protect the autonomy of suspects to choose their defense strategy.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo.
The Call for Papers for ICON•S Mundo is now closed. Successful applicants have been notified. You can access the preliminary program via the ICON•S HUB.
All panelists had register until June 10, 2021.
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