Book 4: Methods of Reviewing Judgements
Section 4: Re-trial 270-279
Article 270
A re-trial can be requested for a case which resulted in a sentence or imposition of penalties for a felony or misdemeanour under the following circumstances:
A. If the accused was convicted of murder and the person for whose murder he was convicted is found alive;
B. If a person was convicted of an offence and a judgment was later issued against another person for committing the same offence since one of the two judgments must be against a person innocent of the offence;
C. If a person is convicted on the basis of the testimony of an expert or the opinion of a specialist, or document, and later a definitive judgment is issued against the witness or expert on the basis of having borne false witness, or the document is proven to be a forgery;
D. If after the judgment is issued, facts come to light, or documents are presented which were not known at the time of the trial, and these prove the innocence of the convicted person.
E. If the judgment was based on a judgment which was quashed or annulled by lawful means.
F. If a guilty or not guilty judgment, or a final decision for discharge was issued on the basis of a criminal act, either separate or related to the original offence;
G. If for any lawful reason the offence or sentence no longer apply to the accused.
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.
2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.
3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.
4.
(a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;
(b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.