17.Apply to retrial
- Publication Date：
- Last updated：2022-06-26
- View count：226
| No | 17 |
|---|---|
| Application Item | Apply to retrial |
| Application Content | After the judgment is final, a motion for retrial can be filed contrary to the interest of the convicted (Code of Criminal Procedure, Article 422.) |
| The Requester | Complainant or victim of the case. |
| Application Procedure | The requesters should apply to the prosecutors in our office. |
| Attach with Documents | Prepare a copy of the original judgment and the relevant evidence. |
| Accepting Authority | The original public prosecutor's office. |
| Application Period | Once the judgment is final, a motion for a retrial against the interests of the convicted may be filed less than one-half of the period specified in Paragraph 1 of Article 80 of the Criminal Code. |
| Disposal Time Limit | Accept at any time |
| Review Authority | 1. Prosecutors shall verify the allotted time and the reasons for the motion for a retrial. 2. If the reasons for motion have existed, the application of motion for retrial should be made and submit to the court. If the reasons for motion have not existed or the period has lapsed, the motion shall be rejected and inform the requesters. |
| Fee | Free of charge |