The work addresses the right to remain silent of the accused in German and English law. In addition to the dogmatic derivation of this right, it specifically examines the question of judicial assessment of silence. The work is structured in three parts: the first part deals with the German legal situation, the second with the English legal situation, and the third part compares the approaches of both legal systems. The analysis shows that, despite the differences between the legal systems, there are significant structural parallels. In both legal systems, the right to silence is derived from the dignity of the individual. Furthermore, it is established that any form of interpretation of silence is impermissible for normative reasons (presumption of innocence, fairness). The paper also takes into account the European perspective, particularly the judgments of the European Court of Human Rights regarding the English regulations.