Criminal Procedure
Interrogation Safeguards under Jordan's Code of Criminal Procedure
This summary outlines the legal safeguards applicable to interrogation in Jordanian law, focusing on who may conduct interrogations and the accused’s rights to silence and legal assistance. It also examines how coercion and unlawful methods affect the admissibility of statements and the related procedural consequences.
Updated: 24 December 2023
Prepared and reviewed by: Ashraf Al-Khawaja
Nature and Characteristics of Interrogation
Interrogation is a core step in the preliminary investigation designed both to collect evidence and to afford the accused an opportunity to answer the charges. The law distinguishes the accused from a mere suspect; interrogation may be repeated to complete the factual picture, whereas witnesses or persons lacking sufficient grounds for accusation are not the proper subjects of interrogation.
Exclusivity of Interrogation Authority and Notification of the Charge
The authority to conduct interrogations is vested in the public prosecutor under the Code of Criminal Procedure, a safeguard intended to protect the accused’s voluntariness when confronted with evidence. Article 63 requires the prosecutor to read the charge and inform the accused of the right not to answer except in the presence of counsel; scholarship debates whether a mere reading suffices or whether the accused must be meaningfully informed in plain language. Practically, failure to provide the required warning can give rise to procedural consequences or exclusion of statements under court rulings.
The Accused’s Right to Silence and Its Limits
The accused’s right to remain silent stems from the presumption of innocence and constitutes a core defense right; silence should not be construed as an inference of guilt. Although the right is not always spelled out in express statutory terms, investigative authorities must not treat silence as evidence of guilt. In practice, any adverse inference from silence should be scrutinized by the trial judge and cannot substitute for independent proof.
Protecting Voluntariness from Coercion and Prohibited Methods
A confession must reflect a free will; statements obtained through beatings, torture, physical or psychological coercion, prolonged exhaustion, promises, threats or deception are invalid. Modern techniques that impair awareness—such as hypnosis, drugs or unvalidated lie-detection devices—are likewise problematic. Substantively and procedurally, courts exclude statements produced by any form of coercion, and appellate rulings have ordered the suppression of such evidence when established.
Right to Counsel and Court of Cassation Jurisprudence
Jordanian law guarantees the accused the right to legal assistance during interrogation and requires the public prosecutor to inform the suspect of that right and allow time for counsel to attend (the statute refers to a 24-hour period). Courts have nonetheless recognized narrow exceptions—such as preventing loss of evidence—which permit interrogation without counsel under specified conditions. The Court of Cassation’s case law tends to exclude statements where the warning about defense rights was not given or where coercion is proven, while occasionally upholding proceedings conducted before counsel arrived when statutory conditions are met.
Legal notice
Note: This summary is for general educational purposes and relies on the original article linked on the summary page. It is not a substitute for the operative statutes or for tailored legal advice; verify current texts, amendments and official dates, and consult a licensed Jordanian lawyer when legal advice or representation is required.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.