Retrial is one of the unusual ways prescribed by law to appeal the judgments and decisions of courts. The Minister of Justice may request retrial of felonies and misdemeanors, regardless of which court issued the judgment or type of penalty, in the following cases:
If a person was convicted with murder and subsequently enough evidence proved that the allegedly killed defendant is still alive.
If a person was sentenced with a felony or misdemeanor, and afterwards another person was sentenced to the same crime and the two judgments could not be reconciled, resulting in the proof of innocence of one of the convicted persons.
If a person was convicted and after judgment issuance it was found that a witness committed perjury. This person's testimony would not be accepted in the retrial.
If new developments or new documents, that would prove the innocence of the convicted person, and were not known during trial became available.
The request of retrial in criminal cases submitted by:
1. Minister of Justice
2. The convicted person or his / her legal representative if ineligible.
3. The husband or wife of the sentenced, his / her children, heirs and will beneficiaries if the convicted person was deceased or found missing by court.
4. Those explicitly entrusted by the sentenced to submit the retrial request.
Retrial requests in civil cases are submitted directly to the court which issued the judgment through a plea form that is registered at the court. Retrial requests in civil cases are submitted in cases provided for in the Civil Procedure Law through the exchange pleadings between the parties in accordance with the provisions of said law.
Procedures for Attaining the Service:
- The person requesting retrial or his / her legal representative submits a request to the Diwan at the Ministry of Justice by filing a plea in writing to the attention of the Minister of Justice.
- Detailed legal basis for the request, in addition to all personal and case related information.
- The Minister of Justice refers the request to the Judicial Inspection Directorate to look into the request and review the case.
- Based on the Judicial Inspection Directorate's review results, the Minister either rejects the motion in case there was no legal basis for the request, or approves it.
- In case of approval, the Minister of Justice refers the request to the Court of Cassation which in turn decides to either reject or approve the request. In case of approval, the case is forwarded to a court that is of the same level of that which issued the original judgment.
- If the judgment pertinent to the request was not executed, then the judgment execution is suspended as of the date of retrial request referral by the Minister of Justice to the Cassation Court, which has the authority to order the suspension of the execution of judgment upon approving the retrial request.
Required Documents
Final court judgment pertaining to the request and all that supports that the court judgment is final (original or certified copy).
Any relevant papers or documents that form the basis of the request.
Proof of the legality of the power of attorney in case of motion submission through a lawyer.
Payment receipt for power of attorney issuance in case the request was submitted through an attorney.