The status of being accompanied, arrested, detained not legitimize police structures to exercise forms of pressure, psychological, physical, or torture against these persons. Respect for citizens' legal procedural guarantees in police custody implemented at the time of notification of the indictment and interrogation of persons in conflict with the law. To deal with people who has committed offenses does not mean that thou discriminate against or thou hate them, but they must be be treated with humanity “.According to constitutional law "No one shall be subjected to torture or to treatment cruel, inhuman or degrading". But in practice, the happens opposite , after person detained and arrested during the process of interrogation or during the course of the preliminary investigation, ill-treated through the use of violence, treating them to give evidence or admit guilt in connection with the crime committed. The right to not to incriminate himself during the investigation process, is an integral part of the right to a fair trial, provided for in Article 6 of the ECHR. Through this paper I want to analyze and treat the offense of violence during the preliminary investigation. Referring to case law, and cases of ill-treatment of persons detained, arrested or are in the capacity of the defendant, which are frequent, with the right question is, A respect for the right to silence or to not implicate himself in a criminal act by the authorities? what measures and legal provisions in connection with the respect of this right and the prevention of abuse and violence that these people?
