Request For Retrial
Retrial
Retrial refers to the re-trial of a person in accordance with Article 311 of the Criminal Procedure Code, either against or in favor of the convicted person, in relation to a final judgment. Retrial is an extraordinary legal remedy. As a rule, no retrial is conducted for a final court judgment through ordinary legal remedies. Retrial is conducted upon request, without being subject to any time limit. The retrial process cannot be initiated without a request. Upon an individual application to the European Court of Human Rights (ECHR), if the ECHR rules that personal rights have been violated, a request for retrial may be made to the court that issued the judgment within one year of the ECHR’s decision.
Sample Petition for Retrial Request
TO THE HIGH CRIMINAL COURT
DEFENDANT :
DEFENSE ATTORNEY :
DATE AND NUMBER OF DECISION :
SUBJECT : Our Request for Retrial.
EXPLANATIONS:
1-) My client was sentenced to … years imprisonment for the crime of … by your Court’s decision dated and numbered above, which was confirmed by the Supreme Court of Appeals … Criminal Chamber’s decision numbered …/… and …/… and became final.
2-) Our application to the European Court of Human Rights against the judgment, dated …/…/…, was concluded by the European Court of Human Rights on …/…/…, and it was determined that the criminal judgment was rendered in violation of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
3-) Pursuant to Article 311/f of the Criminal Procedure Code No. 5271, my client must be retried. However, considering the time my client has spent in prison, a decision to postpone the execution of the sentence should also be made.
EVIDENCE: ECtHR decision no. …/…, dated …/…/…, Article 311 of Law No. 5271.
CONCLUSION AND REQUEST: For the reasons explained above, the execution of the final decision should be suspended, as my client would suffer harm if it were carried out. We respectfully request, on behalf of our client, that the grounds for retrial be accepted and a retrial be held, that the conviction be overturned and our client be acquitted, and that the decision to annul the judgment be published in the Official Gazette. …/…/…
Defense Counsel