Individuals have political and civil rights that must be respected during an investigation. These rights are enshrined in the Constitution, the legal framework or Bill of Rights of each country. Although they may vary according to the different political and legal systems, most basic procedural rights of an individual in an official investigation include:
- the right to remain silent;
- the right to legal representation without delay;
- the right to be protected from unreasonable search and seizure;
- the right to be protected from compulsory production of self-incrimination documentation without considered prior authorization;
- the right to reasonable time to decide whether to waive any rights;
- the right to know the nature of the possible proceedings; and
- the right to be informed of the extent of the powers, or the limits of the powers, of a person in authority.
Because democratic countries value the rights and freedoms of individuals, infringements of procedural rights might render any evidence obtained as inadmissible a court of law, or could lead to a dismissal of the case.
