Main tasks and practical skills
- The retrial procedure applies to legally enforceable judgments or decisions which are protested against because there are newly discovered facts which may fundamentally affect the contents of the judgments or decisions and which were previously unknown to the Court when the Court made the judgments or decisions (Article 290 of the CrPC).
- Cassation review means the review of a legally enforceable judgment or decision which is being protested against because there is a serious breach of the law, (compared with the nature of the case and documents enclosed in the case file and results of litigation conducted at the trial). In contrast, the retrial means the finding of new facts that may fundamentally affect the contents of the judgment or decision. The Court did not know the fact when it made such judgment or decision.
- The determination of legally enforceable judgments or decisionsshall be in accordance with Sub-section 3.1.1 of Section 3.1 of this Part.
- Newly discovered facts used as the grounds for a protest under the retrial procedure are provided in Article 291 of the CrPC.
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