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国内法学界关于反对被迫自证其罪特权的称谓有多种译法,而“反对被迫自证其罪特权”是其中最为准确和贴切的一种。反对被迫自证其罪特权是指犯罪嫌疑人、被告人和证人在其所作的陈述有可能导致自己受到刑事追究时,可以拒绝提供证言的特殊权利。就反对被迫自证其罪特权的权利性质而言,属于自然权利的范畴,同时由于此项权利一般以不作为方式行使,故该特权为一种消极的防御性权利。
There are many kinds of translations of the domestic legal scholarship on the objections of the privilege of being compelled to self-incrimination, and “objection to being forced to prove the privilege of self-incrimination” is one of the most accurate and appropriate ones. Opposition to being compelled to justify his own crimes refers to the special right of criminal suspects, defendants and witnesses to refuse to provide testimony when their statements are likely to result in criminal prosecution. As opposed to the nature of the right to be compelled to self-incriminate the privilege, it falls within the category of natural rights, and since the right is generally exercised in an omission, the privilege is a negative defensive right.