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. 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.
The author points out to the way in which the new Criminal Procedure Code, as compared to the current procedure, regulates a retrial in absentia of a person for whom extradition or surrender has been requested.