Applications of Retrial
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Service beneficiary Categories
Ministry of justice.
The convicted or his legal representative if he is incapacitated.
Spouse of the convicted, his children, heirs and devisee, if he is deceased or his absence is proved by virtue of a court's judgment.
Those entrusted by the convicted to request the repetition expressly.
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Locations of rendering the service
Applications of repeating the trial for the penal cases shall be presented to office of the Ministry of Justice.
Applications of repeating the trial for the jural cases shall be presented to the court passed the judgment.
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Conditions for procuring the service
The passed judgment shall be decisive in any of the following cases:
- If it has been adjudicated that a person is condemned with the murder crime and thereafter sufficient evidence were founded proofing that the person claimed to be killed is still alive.
- If it has been adjudicated that a person is condemned with felony or misdemeanor and the same crime has been ruled against another person in the same and both judgments may not be made consistent resulting in what support the innocence of ant of both convicted persons.
- If a person has been adjudicated and after passing the judgment, it is ruled that the testimony of the persons witnessed against him is false. The testimony of such witness may not be accepted in the new trial.
- If a new event has occurred or appeared after the judgment or documents, which were unknown at time of the trial, have been presented and this may prove the innocence of the convicted person.
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Documents required
The judgments and resolutions issued in the case subject matter of the retrial and the evidence that they have acquired the decisive degree (A certified copy).
Any related documents or instruments, on which the request is built.
Evidence on the legal power of attorney in case of presenting the request by an attorney.
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Procedures of rendering the service
The person requesting the retrial or his legal attorney shall present his application at office of Ministry of Justice by virtue of a written summons address to attention of Minister of Justice.
Minister of Justice shall refer the application to Directorate of Legal Affairs, which shall study the application and review the case.
Based upon the review made by to Directorate of Legal Affairs, Minister of Justice shall decide rejecting the application, if it lacks to the legal ground or to accept the same.
In case of accepting the request of retrial, the Minister of Justice shall refer the request to the Court of Cassation, which – in turn – decides rejecting or accepting the request. In case of accepting the request, the court shall refer the case to the Court of First Instance, which has passed the judgment originally. If the judgment subject matter of request of retrial hasn’t been executed yet, the execution thereof shall be stopped absolutely as of date of referral of the retrial request by Minister of Justice to Court of Cassation. Court of Cassation shall order suspending the execution in its resolution ruling the acceptance of the retrial.
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Institutions participating in rendering the service
None
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Service fees
Half of fees of the lawsuit, in which the retrial is requested according to the same conditions of paying the fees applicable.
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Time taken for executing the service
Two weeks