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Q

May I withdraw my consent to evidence after the examination of evidence has concluded?

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During litigation, the materials submitted by the other party seemed fine at first, so I consented to them as evidence. However, after going through the examination of evidence, I looked at the contents closely and noticed parts that differ from the facts, which worries me. The examination has already been completed, and in this situation I would like to know whether I can withdraw my consent to the evidence. I would appreciate a prompt reply.

examination of evidence

A

Answer to Related Inquiry

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

However, the fact that consent was once given does not mean it can never be reversed. Withdrawal or cancellation is possible only before the examination of evidence is concluded, that is, before the prosecutor makes a sentencing recommendation.

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

Accordingly, evidence consented to at the first instance cannot be withdrawn on appeal.

However, because a separate examination of evidence is also conducted on appeal, necessary evidence may be newly submitted in that procedure, and materials considered for sentencing, such as a letter of apology, may be submitted at any time.

As such, whether to withdraw consent to evidence is a complex legal question that must be considered comprehensively in light of the timing, the nature of the evidence, and the overall trial strategy.

To prevent disadvantage and exercise the right of defense effectively, it is important to establish a thorough strategy with the assistance of an attorney experienced in this area.

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Attorney EunYoung Kim

EunYoung Kim

T. 070-5117-2950

Prosecutor experience at Seoul Southern District Prosecutors’ Office and Uijeongbu District Prosecutors’ Office

Attorney HyunSu KIM

HyunSu KIM

T. 070-7510-3368

Attorney specializing in evidence investigation

Attorney HyeonJi LEE

HyeonJi LEE

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Attorney specializing in evidence investigation

Attorney JeongKoo PARK

JeongKoo PARK

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Attorney specializing in evidence investigation

Attorney KangIl LEE

KangIl LEE

T. 070-5117-5510

Attorney specializing in evidence investigation

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