Can you plead the fifth in Europe?

What is the Canadian right to remain silent?

Every person has the right to remain silent, and in the criminal process, it is a basic tenet of justice that the Crown must establish a "case to meet" before there can be any expectation that the accused should respond (R. v.

Is hate speech illegal in Germany?

This falls under what is known as "incitement to hatred." Anyone who incites hatred or violence against certain ethnic, religious, or national groups can be sentenced to up to five years in prison. Expressing your political opinion is allowed as long as it is not hate speech, says legal expert Poscher.

Is pleading the fifth Canadian?

In the United States, the Fifth Amendment permits a witness to refuse to answer any question that may incriminate them (a.k.a. “taking the fifth” or “pleading the fifth”). This is not how the law works in Canada. In Canada, a witness can be forced to answer incriminating questions.

Who cannot plead the fifth?

This is common in criminal investigations with co-conspirators or accomplices. The government may need one person to testify against the other. To do so, they will grant the witness immunity, and therefore the witness cannot plead the 5th. The immunity can be either transactional immunity or use immunity.

Can you refuse to answer police questions in the UK?

You should not lie to the police, but you do not have to answer their questions. You can simply say “no comment” or walk away. If the police ask to interview you as a witness for a legal case, you don't have to say yes. If you do agree, you're allowed to talk to a solicitor before the interview.

Are Canadians innocent until proven guilty?

This principle guarantees that anyone accused of a crime is presumed innocent until proven guilty in a fair and public trial. It is a vital safeguard that protects the integrity of the legal process and ensures that individuals are not wrongfully convicted.

Why is there no jury in Germany?

During a state of emergency under Article 48 (of the Weimar Constitution), and about one month before the trial of Adolf Hitler February 1924 for the Beer Hall Putsch of November 1923, the Emminger Reform (a Notverordnung, or emergency decree) was passed in January 1924 abolishing juries and replacing them with the ...

Do the French still have capital punishment?

Today, the death penalty has been abolished in France.

What is the 10pm rule in Germany?

The "10 PM rule" in Germany refers to Ruhezeit (quiet time), a cultural and legal norm that prohibits loud noises like vacuuming, mowing, loud music, or construction from 10 PM until 6 or 7 AM on weekdays, and all day on Sundays and public holidays, to ensure neighborly peace and quiet, with violations potentially leading to fines or lease issues. 

Can you plead the 5th in Ireland?

No absolute right to silence or privilege against self-incrimination. The right to silence and privilege against self-incrimination in Ireland is not an absolute right, which means there are exceptional situations where it does not apply. However, in the majority of criminal offences this right applies.

What is the hardest lawsuit to win?

The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
 

Can a judge overrule pleading the 5th?

This is one of the ways that criminal cases are very different from civil cases. In civil cases, such as divorce cases or protective orders, you can still assert your Fifth Amendment privilege if necessary, but the judge or the jury is allowed to assume that “pleading the Fifth” means something bad for you.

What happens if the 5th is violated?

Violating the Fifth Amendment, especially the right against self-incrimination (pleading the Fifth), means any forced confessions or coerced statements must be excluded as evidence in court, leading to suppressed confessions or dismissed charges; however, the right doesn't apply to non-testimonial evidence (like DNA) and has consequences in civil cases where juries can infer guilt from silence, highlighting that police must stop questioning if a suspect invokes these rights. 

What are the 5 limits to freedom of speech?

Five key limits to freedom of speech include incitement to violence, true threats, defamation, obscenity/child pornography, and speech integral to criminal conduct, all of which are generally unprotected because they cause direct harm, incite immediate illegal acts, or involve other serious offenses like fraud or perjury, despite free speech protecting even offensive or unpopular ideas. 

What is the 7 50 rule in Canada?

The Constitution Act, 1982 which provides for a general amending procedure 2 (known as the 7/50 formula), under which certain constitutional amendments require the assent of at least two thirds (2/3 or 7) of the provinces that have at least 50% of the population of Canada as a whole; however, it does not specify which ...

What crimes cannot be pardoned in Canada?

Are there any crimes that cannot be pardoned?

• sexual offences involving a minor.
• more than 3 indictable offences where the sentence was more than 2 years in jail each time.
• any crime in which the sentence can never be completed (in some very serious cases the offender will receive lifetime in jail or lifetime probation)

What is the Canadian version of "I plead the fifth"?

--Lastly, “pleading the fifth” in Canada means invoking Section 13 of the Charter, which guarantees that “a witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the ...

What country doesn't allow free speech?

According to Amnesty International, freedom of expression is significantly limited in China and North Korea.

Is cursing a crime in Germany?

According to § 185 StGB, “The penalty for insult is imprisonment for a term not exceeding one year or a fine and, if the insult is committed publicly, in a meeting, by disseminating content (section 11 (3)) or by means of an assault, imprisonment for a term not exceeding two years or a fine.”

Are swastikas illegal in Germany?

Adolf Hitler designed the Nazi flag in 1920. He combined the swastika with the three colors of the German Imperial flag (red, black, and white). Nazi symbols, including the swastika flag, are banned in a number of countries today, including Germany.