Extraordinary Remedies and Retrial

Extraordinary criminal remedies are limited statutory procedures. They do not provide a second opportunity to repeat an ordinary appeal after the relevant period has expired.

Cassation in the interest of law

This mechanism addresses specified unlawful final decisions that were not examined through ordinary cassation. The competent authority and procedure are set by the Criminal Procedure Code.

Retrial

Retrial may be sought only on statutory grounds, such as certain new facts or evidence, defects affecting the basis of the judgment or qualifying human-rights findings.

Threshold review

The asserted ground must be matched to the statutory list and supported by material capable of affecting the judgment. Re-arguing evidence already assessed is generally not enough by itself.

Effect on enforcement

An extraordinary application does not necessarily suspend enforcement. Any request for interim effect must be considered under the specific rule governing the procedure.

Durations and procedures may vary depending on the nature of the file. Current legislation and official sources should be taken as basis.

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This content is provided for general information only and does not constitute legal advice on any specific matter.