Section 4 Punishment
Chapter 8 Suspension of Enforcement
Article 161
(1) In crimes whose punishment is imprisonment of up to 2 years or cash fine of up to 24,000 Afghanis, when the court is assured, in view of the convict’s morals, background and age or other circumstances which have caused the crime, that he will not commit a crime again, the court can stipulate the suspension of enforcement of the verdict and include in it consequential and complementary punishments and security measures.
(2) The court is obliged to state in the verdict, its reasons for suspension of the punishment.
Section 4 Punishment
Chapter 8 Suspension of Enforcement
Article 162
The period of suspension of enforcement is 3 years and is calculated from the time of finalization of the verdict.
Section 4 Punishment
Chapter 8 Suspension of Enforcement
Article 163
Suspension of enforcement can be cancelled in one of the undernoted instances:
1– When the convicted person commits a similar or more serious crime during the period of suspension.
2– When it is proven during the period of suspension that the person has been convicted for misdemeanor or felony prior to the issuance of order of suspension of enforcement from which the court has not been aware.
3– When the convicted person, during the period ofat suspension, commits a felony or misdemeanor whose punishment, is longer than 3 months in prison, regardless of whether or not the order of his punishment is issued within period or after its expiration.
Section 3 Trial
Chapter 13 Revision on Final Decisions of Courts
Application for Revision
Article 282
Appeals on absolute decisions of the courts for misdemeanor and felony cases may be requested in the following conditions:
1– If the accused person was convicted of murder and afterwards, the individual who was allegedly murdered, is found alive.
2– If a person is convicted of being accused of committing a crime and afterwards another person is convicted of being accused of committing the same crime, and there is a contradiction between the 2 verdicts that acquittal of one of the 2 convicts is proven.
3– If the witnesses or the experts are found guilty and sentenced to punishment in accordance with the provisions of the law for coerced (false) testimony or reports, or a verdict for forgery of documents presented during case proceeding is issued, or in Hudud crimes, the witness revoked his statement willingly, provided that the mentioned testimony affects the issued decision.
4– If the criminal court’s decision was based on the civil court’s decision and the civil court’s decision has been revoked.
5– If after the absolute decision, events happen or appear, or evidence is presented which was unknown during the trial or not presented to the court and these events and evidence could cause the convict’s acquittal.
6– If at the end of the judicial session the decision is issued without officially notifying the accused person.
7– If during the trial convict was not given the right to appear in court and the right to defend.
Section 3 Trial
Chapter 13 Revision on Final Decisions of Courts
Parties Who Apply for Revision
Article 283
(1) In circumstances set forth in article 282 of this law, the attorney general, convict, legal representative, relatives, and in case of death, their heirs can request revision.
(2) If the one requesting the revision set forth in paragraph (1) of this article is someone other than the prosecutor, the application shall be presented to the Attorney General’s Office. In this appeal application the decision upon which appeal is requested and the grounds for appeal are mentioned.
(3) The attorney general will submit his view and the grounds upon which the revision is based together with the revision application to be filed by himself/herself or another person to the Supreme Court.
(4) The attorney general will submit the appeal application to the Supreme Court within (30) days from the date it is received.
(5) The revision application does not prevent the enforcement of a contested decision. Capital punishment (death penalty) is an exception to this Rule.
Section 3 Trial
Chapter 13 Revision on Final Decisions of Courts
Revision Proceedings
Article 284:
(1) The revision application is considered by the Supreme Court according to the provisions of law.
(2) If the revision application is rejected, the convicted cannot request a revision based on the same previous reasons.
(3) If the revision application is accepted by the Supreme Court, the Supreme Court shall assign a case proceeding date and notify the convict or his/her legal representative and Attorney General’s Office at a minimum of (10) days prior to commencing the session. The Attorney General, convict or his/her legal representative has the right to attend the revision trial and present their opinions.
(4) The Attorney General, convict or his/her legal representative has the right to attend the revision trial and present their opinions.
If the Supreme Court confirms the objection and finds the presented grounds are valid, it shall overrule the earlier decision and issue a new decision.
(5) If the Supreme Court proves that the grounds need further investigations, it may refer the case file along with necessary instructions to a lower competent court.
(6) If the convicted is acquitted based on decision after revision, an order for reimbursement of whatever the convicted was obligated to pay is also issued.
In case of the convicted person’s death, the reimbursement amount shall be given to his/her heirs.
Section 3 Trial
Chapter 13 Revision on Final Decisions of Courts
Case Revision of a Deceased Convict
Article 285:
If the revision appeal, after the death of the convict, is filed by his/her relatives, the Supreme Court shall proceed with the case; if his innocence is proved the Supreme Court shall issue a verdict for restitution of the deceased’s prestige.
Section 3 Trial
Chapter 13 Revision on Final Decisions of Courts
Publishing a Verdict of Acquittal
Article 286:
If the conviction verdict of the accused person was already published in the mass media, and the revision results in acquittal of him/her, the prosecutor’s office is obligated to publish his verdict of acquittal in the same mass media at the expense of Government.
Section 3 Trial
Chapter 13 Revision on Final Decisions of Courts
Non-Conviction to a More Severe Punishment
Article 287:
If the revision application is submitted in favor of the convict, they cannot be sentenced to a more severe punishment than the sentenced punishment.
Section 3 Trial
Chapter 13 Revision on Final Decisions of Courts
Compliance With the Provisions of the Civil Procedure Code
Article 288:
The revision and the execution method of the issued sentence regarding financial issues of individual right resulting from crime must adhere to the provisions of the civil procedure code.
1. The convicted person or, after death, spouses, children, parents or one person alive at the time of the accused's death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply to the Appeals Chamber to revise the final judgement of conviction or sentence on the grounds that:
(a) New evidence has been discovered that:
(i) Was not available at the time of trial, and such unavailability was not wholly or partially attributable to the party making application; and
(ii) Is sufficiently important that had it been proved at trial it would have been likely to have resulted in a different verdict;
(b) It has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;
(c) One or more of the judges who participated in conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 46.
2. The Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:
(a) Reconvene the original Trial Chamber;
(b) Constitute a new Trial Chamber; or
(c) Retain jurisdiction over the matter, with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgement should be revised.