Are you telling me that if someone confesses to a crime to the investigators, and then refuses to do so before the judge, then the confession is excluded from evidence.
Are there any penalties for making a confession and then withdrawing it.
Interested to be educated in the facts by references if you have them.
Unfortunately, that is the law but I believe that the current Minister of Justice wants to change it. There was a case where a man confessed to a crime (I think murder) to the police but during his trial he remained silent, he didn't even retract his confession and the judge had to acquit him.
Therefore, confessions not confirmed in front the judge are excluded from the evidence and there are no penalties against the suspects if they retract. It is within their rights. These laws are a consequence of Portugal having lived 48 years under a dictatorship where the PIDE beat confessions out of political prisoners and which were the only evidence presented to the court afterwards.