Redeschiderea procesului penal în cazul judecării în lipsă a persoanei condamnate (art. 466 C.proc.pen.). Săvârşirea unei noi infracţiuni! Recidivă sau concurs de infracţiuni?
Reopening the criminal trial in case of trial in absentia of the convicted person (art. 466 Criminal Procedure Code). Committing a new crime! Recidivism or competition?

Summary/Abstract: The article aims to analyze the problem in question, that of determining whether an offense committed while the defendant was in prison for the retrial of his case is committed in a state of recidivism against the sentence to which he was sentenced in absentia, or in state of competition with respect to the sentence to which he is sentenced following the admission of the retrial request. The second option is chosen in the study, among the considerations being the one according to which the trial in the first procedural cycle, carried out in the absence of the defendant has a formal role, preserving the evidence and preventing the fulfillment of the limitation period. criminal law, there can be no question of a true authority of res judicata, the decision being under the condition precedent of the arrest of the defendant and the execution of the sentence.

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