ASPECTE TEORETICE SI PRACTICE PRIVIND REJUDECAREA PERSOANELOR JUDECATE IN LIPSA
THEORY AND LEGAL PRACTICE CONCERNING THE RETRAIL FOR JUDGMENT IN ABSENTIA

Summary/Abstract: The right to apply for a retrial of the case and to be present at the judgment are one of the most important guarantees for the person who is the subject of an European arrest warrant issued for the purposes of executing a sentence or a detention order imposed by a decision rendered in absentia. The right to apply for a retrial had been issued by the 2002/584/JHA Council Framework Decision of 13 June 2002 and had been inforce in the Romanian Penal Procedure Code in 2003. According to the dispositions of the art. 5221, a persoan who was judged in absentia had the right to to apply for a retrial of the case and to be present at the judgment. Thanks to the summary regulation of the proceedings, the legal practice faced some difficulties to apply the legal text. Another problem raised by this legal text is the discrimination made between the defendants rendered in absentia which have not been arrested under a European arrest warrant and those which have been subject of this kind of warrant. The main aim of this paper is to analyze the proceeding regulated by the art. 5221 and to offer a suggestion for the improving the legal text.

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