The subject of the investigation is the protection of the accused against forced self-incrimination as well as their right to a free defense. It is outlined that the accused has the procedural right to remain silent completely, partially, or temporarily regarding the allegations, but does not have the right to actively manipulate the clarification of the facts. The paper discusses the admissibility of passive and active self-benefiting behavior in the context of evidence assessment and sentencing, and examines the consequences of procedural value decisions for the interpretation of individual criminal offenses. Furthermore, it addresses the question of whether general value decisions for the privileging of the accused's self-benefit efforts can be derived from substantive criminal law.