24. Limitele rejudecării după casarea sentinţei și trimiterea cauzei spre rejudecare la prima instanţă
24. The limits of the retrial after quashing the sentence and sending the case to retrial to the first instance

Summary/Abstract: According to the provisions of art. 3201 of the Code of criminal procedure, one cannot return later on the demonstration of the intention to acknowledge the commission of the offenses and to appropriate the evidence produced during the prosecution, in the trial, in the means of appeal, or after retrial, after quash, while the defendant’s consent was expressed validly. The withdrawal of the statement after quashing with reference for retrial has to be justified by the defendant, and the court is obliged to justify his decision to return to the common proceedings of the forensic investigation.

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