It should be remembered that the main conceptual basis for the right to remain silent, as I explained above, relates to the desire to protect the defendant from false confessions. This right places the human being, the human being, alone in the interrogation room, under pressure from the very status of the interrogators, acceding to the demands of his interrogators and admitting what he did not commit or the "trilemma" on the witness stand. For this purpose, the right to remain silent was granted. These considerations do not exist when it comes to a company that cannot be stopped at all, and decisions are made in the company's offices. Of course, with regard to the organist, who has waived his right to remain silent and confessed, all the tests that apply to a confession will apply, including the evidentiary additions required for it (some argue that the evidentiary additions to the confession must replace the right to remain silent (see: Wagner, Corporate Right to Remain Silent, ibid., at p. 521). However, where the court is convinced that the confession meets these tests and was free and voluntary, then the act of the organist can be attributed to the corporation, even if it violates the corporation's right to remain silent.
So far, I have discussed the considerations that must be taken into account. However, the implementation of these considerations in the case before me can only be done at the end of the main proceeding, since at this stage the state's witnesses have already testified before the police, but their testimony has not yet been heard in court. Thus, it is possible that at the end of the day the testimonies of the state's witnesses will not be needed since the state has other evidence to convict the defendant (certainly at this stage, when some of the defendants who were convicted will testify on behalf of the prosecution), there may also be another possibility whereby the court will not trust the statements of the state's witnesses, and then the case will be decided on the basis of other evidence (or lack thereof).