Right to Silence
Written in plain language for general understanding. This is educational content, not legal advice. Based on Icelandic Acts of the Althingi, statutory instruments, and official guidance.
Icelandic National Law
What is this right?
If you are questioned by police as a suspect, you have the right to remain silent. You do not have to answer questions that could incriminate you.
- The right against self-incrimination is rooted in Article 70 of the Constitution, which guarantees fair trial rights and the presumption of innocence.
- Under the Criminal Procedure Act (No. 88/2008), a suspect must be informed of the substance of the case before being questioned.
- The burden of proof rests entirely on the prosecution — both as to guilt and as to events that may be counted in the accused's favour.
- Silence cannot be used as evidence of guilt.
When does it apply?
- You are being questioned by police as a suspect in a criminal matter.
- The right attaches from the moment police treat you as a suspect, not only after formal charges are filed.
What should you do?
- Clearly state that you wish to remain silent until your lawyer is present.
- You may provide your name and personal identification number (kennitala) without waiving your right to silence on substantive matters.
- Request a lawyer before answering any questions about the case.
What should you NOT do?
- Don't feel pressured to speak — silence is your constitutional right, not an admission of wrongdoing.
- Don't answer selectively — partial answers can be used in court, while full silence is protected.
- Don't physically resist — you can refuse to answer while remaining cooperative.
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