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

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Accordingly, evidence consented to at the first instance cannot be withdrawn on appeal.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