What is Review in Criminal Law?
Review is an extraordinary legal procedure available after a decision has become final. According to Article 457 of the Code of Criminal Procedure (CCP), the Supreme Court may review a final judgment if new facts or evidence emerge that demonstrate the innocence of the convicted person or establish criminal liability in the case of a prior acquittal.
This remedy is strictly regulated to safeguard legal certainty. A request for review must contain concrete and new evidence, such as a false witness statement or DNA material that was not previously available. The procedure commences with the Supreme Court, which decides whether a review will take place.
Conditions and Procedure
Key conditions are that the evidence could not have been known earlier and directly impacts the judgment. The procedure consists of two phases: the granting of the request and a new substantive hearing. Successful reviews may result in acquittal, sentence reduction, or a new sentence.
Review illustrates that finality is not absolute but provides a safety net against miscarriages of justice. In practice, only a few cases lead to review each year, underscoring its exceptional nature.
Consequences of Review
Following a review, the execution of the sentence may be suspended. Convicted individuals are entitled to compensation if detained unjustly. This mechanism strengthens confidence in the criminal justice system.
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