Can I withdraw my consent to evidence after the evidence examination is over?

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Hello. I'm wondering if a class action is possible. Recently, multiple people suffered damages due to securities trading. There are at least 100 victims estimated... Looking into it, there seems to be something called the Securities Class Action Act. Class actions sound more difficult — would it be better to ask an attorney for help?

evidence examination

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作者: 정찬우

In criminal proceedings, consent to evidence is an important procedure that goes beyond simply meaning 'I consent' and acknowledges the admissibility of that evidence.

However, just because you have once consented does not mean it is unconditionally irreversible. Withdrawal or cancellation is possible only before the evidence examination is over, that is, before the prosecutor's sentencing recommendation.

In fact, the Supreme Court has ruled that after the evidence examination is completed, the consent cannot be reversed, and even if reversed, the already recognized admissibility of evidence is maintained.

Therefore, evidence consented to in the first trial cannot be withdrawn in the appellate trial.

However, since separate evidence examination is conducted in the appellate trial as well, necessary evidence can be newly submitted in that procedure, and materials referred to for sentencing, such as letters of remorse, can be submitted at any time.

As such, whether to withdraw consent to evidence is a complex legal issue that requires comprehensive consideration of timing, the nature of the evidence, and the overall trial strategy.

Please note that to prevent disadvantages and exercise effective defense rights, it is important to establish a thorough strategy with the assistance of a specialist attorney.