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How to apply for a retrial?

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  • Last updated:2018-12-30
  • Count Views:619
The retrial here refers to the procedure for a remedy and claim to revoke or change the original verdict which is certified with erroneous facts and to request for a retrial from original trial court. (1)Who is eligible to apply (i)The ones who claim for the retrial on the convicted person's interests: In addition to submitting their application to the court, the convicted persons, their statutory agents or spouses, the collateral blood relatives within third degree or in-laws within second degree of their spouses or their parents if the convicted person is dead, may also appeal to the prosecutor of the prosecutors office for retrial. (ii)The ones who claim for the trial against the convicted person's interests: In addition to the initiator who can appeal to the court, lawsuit filers or victims can also submit their application to appeal to the prosecutor of the prosecutor's office. (2)Period for application of retrial In principle, there are no restrictions on the time of application. The application can be submitted before or during the execution. Even if the punishment has been made or execution has no longer been applied, the application still can be submitted. However, for the retrial cases which cannot be appealed to the third instance, the retrial application made due to major evidence being left out for examination shall be submitted within 20 days after the appearance of the convicted party in the second instance. Also, for the retrial application to be against the convicted person's interests, if the verdict is confirmed and half or more than half of the prosecution validity time has passed, the retrial application is not allowed. (3)Application procedure: To apply for a retrial to the prosecutor of the prosecutor's office, the application must state the reasons and a copy of the original verdict attached with relevant evidence submitted.
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