European Court of Justice upholds right to silence

In DB v. Consob, C‑481/19, decided on 02-02-2021, appeal was filed before the Grand Chamber on interpretation of Articles 47 and 48 of the Charter of Fundamental Rights of the European Union to determine lawfulness of penalties imposed on one DB for offences of insider dealing and failure to cooperate in the context of an investigation conducted by Consob (National Companies and Stock Exchange Commission, Italy).

The Consob’s view, right to remain silent and to avoid self-incrimination, based on the provisions of the Constitution, of European Union (EU) law and of international law, could not justify a refusal by the person concerned to appear at hearing ordered by Consob nor to delay the hearing.

The Grand Chamber referring to Saunders v. United Kingdom, (1996) 23 EHRR 313, wherein it had been emphasised that,
“The right to silence cannot reasonably be confined to statements of admission of wrongdoing or to remarks which directly incriminate the person questioned, but rather also covers information on questions of fact which may subsequently be used in support of the prosecution and may thus have a bearing on the conviction or the penalty imposed on that person.

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