Retractabilitatea manifestărilor de voință în procesul penal: momente-prag și consecințe
The withdrawal of expressions of volition in criminal proceedings: threshold moments and consequences

Summary/Abstract: The revocability of acts of will within the framework of a criminal trial performs an overview over the possibility granted to each participant to change course on previously expressed procedural options, such as the prerequisite criminal complaint, its withdrawal or reconciliation between the parties. Exercise of this right is not, however, absolute, but is subsumed to certain strict temporal thresholds: opening of debates, issuance of a judicial ruling or drafting of an ordinance ordering dropping of charges (aici nu sunt sigur de traducerea de la clasare). As regards the summary procedure and the plea deal, or the agreement for statement of guilt, these are presented as comparative legal concepts and/or institutions, with the end goal being to underline the difference of procedural treatment: once granted, these legal institutions do not allow for withdrawal or retracting of the volition so expressed, due to their purpose being to fast-track and simplify the criminal trial, towards the final goal of adjudicating the criminal lawsuit.

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