CONSIDERAȚII ÎN LEGÃTURÃ CU EFECTELE PE CARE LE PRODUCE O HOTÃRÂRE PRIN CARE SE ADMITE REJUDECAREA CELOR JUDECAȚI ÎN LIPSÃ ÎN CAZ DE EXTRÃDARE ÎN CONFORMITATE CU ART. 5221 DIN CODUL DE PROCEDURÃ PENALÃ

The article examines certain problems that have occurred in practice in relation to the institution of retrial in case of extradition for persons convicted by default, namely the possibility to order, after the admission in principle, the entire or partial suspension of the decision whose retrial is requested, the moment as of which the pronouncement of a decision regarding the admission of such retrial produces legal effects, both as regards the annulment of the former conviction decision, and regarding the annulment of the punishment execution warrant, with direct implications on the release of the person in question, as well as the impact of the legal provisions regarding the intervention of the special prescription of criminal liability, upon the retrial of such a case.