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.