Art. 198. The accused’s silence will not imply a confession, but it may constitute an element for the formation of the judge’s conviction.
Silence doesn’t matter in confession
Silence cannot be interpreted to the detriment of the defense: This device, in the part where it says that silence “may constitute an element for the formation of the judge’s conviction” was not approved by the 1988 CF. On this topic, see the subtitle Silence cannot be interpreted to the detriment of the defense in the title The right to remain silent , in comments to article 186.
