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KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

What does the presiding judge have to say to the accused about the right to refuse to testify, and what may the accused refuse?

General information · Not legal advice

Material to check

In the practice file for this exercise, we read the hearing transcript or the court minutes for any note that the presiding judge told the accused of the right to refuse, and the accused's own answers or refusals, to see whether the notice came before the questions.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading takes the duty as written: the accused may decline to testify at all, or refuse to answer each individual question, and the presiding judge must tell the accused that this refusal is permitted, so the courtroom step the provision requires is the judge's notice.

Another reading notes what the provision does not fix: it does not say when in the hearing the notice must be given, in what form, or what follows for the record if the accused answered questions before any notice, so the file has to show when the notice was given.

Your judgment

If the accused answered questions and no notice appears in the transcript, what in the file could show whether the right to refuse was ever explained?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We look at this again if the provision is amended to set the timing or form of the notice, or if a court decision decides what follows when testimony was taken without it.

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