A comparative study of the right to silence of the accused focusing on the legal systems of Afghanistan and Iran.

The right to remain silent is one of the fundamental principles of criminal proceedings that allows the accused to refrain from answering judicial questions and not be pressured to confess or testify against himself. The main subject of this research is to examine the position of this right in ensuring a fair trial and the practical challenges associated with it. The aim of the research is to analyze the various aspects of the right to remain silent, identify implementation problems, and provide solutions for its improvement. The main question of the research is how the right to remain silent is applied in the criminal trial process and what factors hinder its effective implementation. This research was conducted using a descriptive-analytical method and using library resources; data were collected and analyzed from scientific articles, legal books, and official documents. The research findings show that the implementation of this right faces challenges such as illegal pressures, limited awareness of the accused, and weak judicial oversight. However, training judges and officers, informing defendants, strengthening the monitoring of interrogations, and utilizing new technologies can help improve the observance of this right. Effective implementation of the right to silence ensures justice and also increases public confidence in the judicial system.