nemo tenetur seipsum accusare

no one is bound to accuse himself

Notes

A maxim banning mandatory self-incrimination. Near-synonymous with accusare nemo se debet nisi coram Deo. Similar phrases include: nemo tenetur armare adversarium contra se (no one is bound to arm an opponent against himself), meaning that a defendant is not obligated to in any way assist the prosecutor to his own detriment; nemo tenetur edere instrumenta contra se (no one is bound to produce documents against himself, meaning that a defendant is not obligated to provide materials to be used against himself (this is true in Roman law and has survived in modern criminal law, but no longer applies in modern civil law); and nemo tenere prodere seipsum (no one is bound to betray himself), meaning that a defendant is not obligated to testify against himself.

Words

  • nemono one, nobody