Review of Binding Precedents and Doctrinal Opinions on Criminal Retrial

Review of Binding Precedents and Doctrinal Opinions on Criminal Retrial

The term retrial literally means recommencement, repetition, or renewal, while adjudication refers to judicial examination and trial. A criminal retrial is the renewed examination of a criminal case that has already resulted in a final judgment.

This procedure is initiated on one or more legally specified grounds and is subject to the Supreme Court’s approval. Upon such approval, the case is referred to one of the parallel branches for reconsideration, following a request submitted by the convicted person, the Attorney General, or the prosecutor responsible for enforcing the judgment.

In other words, criminal retrial is one of the extraordinary methods of objection against final and binding criminal judgments, initiated at the request of the convicted person or their legal representative, the Attorney General, or the prosecutor enforcing the sentence. Criminal retrial also refers to a substantive re-examination of final court judgments based on one or more legally recognized grounds.

Criminal Retrial

Types of Criminal Retrial

Classification Based on the Applicant

Pursuant to Article 475 of the Criminal Procedure Code, the following persons are entitled to request a criminal retrial:

• The convicted person, their attorney, or legal representative. In the event of the death or absence of the convicted person, the spouse and legal heirs also have the right to apply for a retrial.
• The Attorney General.
• The prosecutor responsible for executing the judgment.

Accordingly, criminal retrial may be classified into three categories based on the applicant.

Classification Based on Legal Grounds or Compliance with Islamic Law

From this perspective, criminal retrial is divided into two categories:

• Criminal retrial under Article 474 of the Criminal Procedure Code, which applies exclusively to final judgments and may be requested only based on one or more of the seven grounds explicitly stated in the said article. This type of retrial is subject to considerations of expediency.
• Criminal retrial based on manifest contradiction with Islamic law under Article 477 of the Criminal Procedure Code. This category applies to decisions, including both judgments and orders, and is not subject to time limitations, and is contingent upon the determination of the Head of the Judiciary.

Classification Based on Timing

• Before execution of the sentence.
• After execution of the sentence, whether instantaneous or continuous in nature.

General and Special Criminal Retrial

• General criminal retrial pursuant to Article 272 of the Criminal Procedure Code of 1999 and Article 474 of the Criminal Procedure Code of 2013.
• Special criminal retrial pursuant to Article 18 of the Law on the Powers of the Head of the Judiciary and Article 477 of the Criminal Procedure Code of 2013. This form of retrial is sometimes figuratively referred to as retrial for special cases.

Procedure for Filing a Criminal Retrial Request

The request for criminal retrial is submitted by the convicted person, their attorney, or legal successor, together with the relevant judgments subject to retrial, including trial and appellate decisions, along with a written statement explaining the legal grounds and reasons for the request. The application is filed with the Supreme Court’s administrative department.

Designated experts initially review the submitted documents and evidence. If the documentation is deemed sufficient, the request is formally registered, assigned a record number, and forwarded to the deputy office of the Supreme Court for further action. The applicant is provided with a receipt that includes the date and time of submission, the case number, the access code, and instructions for tracking the case status through the judicial electronic system.

Upon referral of the case to one of the designated branches competent to examine retrial requests, the relevant authority assesses whether the request meets the criteria outlined in Article 272 of the Criminal Procedure Code. If the request is accepted, the case is referred for renewed adjudication to a court of the same level as the court that issued the final judgment.

Duties of the Supreme Court Branch After Referral of the Retrial Request

Following referral of the retrial request, the duties of the Supreme Court branch include:

• Scheduling a supervisory review session and requesting the reference case file or a report thereof.
• In cases where expedited review is requested, the conditions for out-of-turn consideration are met, and the request is accepted or rejected.
• Referring the case to one of the judges of the branch as the reporting member for the preparation of a comprehensive report.
• Reviewing the report, retrial application, and cited grounds during the deliberation session, followed by issuance of a decision either granting or rejecting the retrial request.
• In the event of approval of the retrial, the case is referred for renewed adjudication to a court of equal jurisdiction to the court that issued the final judgment.

Frequently Asked Questions About Criminal Retrial