{"id":9785,"date":"2024-10-23T13:30:54","date_gmt":"2024-10-23T10:30:54","guid":{"rendered":"https:\/\/www.ozkokhukuk.com\/?p=9785"},"modified":"2024-10-22T11:44:04","modified_gmt":"2024-10-22T08:44:04","slug":"ceza-davalarinda-yargilamanin-yenilenmesi-hangi-durumlarda-mumkundur","status":"publish","type":"post","link":"https:\/\/www.ozkokhukuk.com\/en\/ceza-davalarinda-yargilamanin-yenilenmesi-hangi-durumlarda-mumkundur\/","title":{"rendered":"Retrial in Criminal Cases: In Which Cases Is It Possible?"},"content":{"rendered":"Retrial in Criminal Cases: In Which Cases Is It Possible?<\/p>\n

\"\"<\/strong><\/p>\n

In criminal cases, the trial process generally ends with the finalization of the verdicts. However, in some cases, a renewal of the trial may be requested in order to ensure complete justice. Although this process is implemented in exceptional cases, it is an important guarantee mechanism for ensuring a fair trial in the criminal law system. So, in which cases is it possible to retry? Here are the basic points to consider in this regard:<\/p>\n

1. Emergence of New Evidence
\nAfter a verdict is given in a criminal case, it may be realized that the evidence presented in the case is insufficient or that some evidence has been ignored. Retrial may be requested in the following cases:<\/p>\n

After the verdict is given, new and definitive evidence emerges regarding the case.
\nThe existing evidence is of a nature that could have a significant impact in favor of or against the defendant.
\nFor example: In a theft case, the subsequent emergence of security camera footage showing that the defendant was somewhere else at the time of the incident may be a reason for a renewal of the trial.<\/p>\n

2. Inaccuracies in Witness or Expert Statements
\nDuring the trial process, witnesses or experts may have made false or incomplete statements. If these statements are proven to be false, a new trial may be requested.<\/p>\n

If the witness or expert statements do not reflect the truth and are supported by evidence that emerges later, a new trial may be held.<\/p>\n

Example: If the expert in a traffic accident case incorrectly evaluates the brake marks at the scene and presents an incorrect report, a new trial may be requested with a new expert report.<\/p>\n

3. Forgery and False Evidence
\nIf it is understood that the evidence used in the criminal trial is fake or if the existence of false testimonies is proven, a new trial may be requested. It may be concluded that the verdict given with false documents or false statements is unfair.<\/p>\n

This situation is usually related to the deliberate distortion of evidence or statements.<\/p>\n

Example: If a person convicted of fraud with a forged promissory note proves that the promissory note was forged, a new trial may be requested.<\/p>\n

4. Failure of the Lawyer to Perform Their Duty Properly
\nA new trial may be requested in cases where the lawyer defending the defendant fails to adequately defend the rights of their client, neglects their duty or disregards the rights of the defendant. This may be the case especially in cases where the right to defense is violated.<\/p>\n

Example: A lawyer’s failure to hear a witness in favor of the defendant or failure to present important evidence to the court may result in a new trial.<\/p>\n

5. Lack of Impartiality of the Judge
\nIn criminal cases, it is essential for the judge to be impartial. However, the personal relationship of the judge assigned to the case with the defendant or the victim or his\/her taking sides in the case may prevent a fair trial. In such cases, a new trial may be requested.<\/p>\n

If there are serious suspicions that the judge is not impartial, this may be one of the reasons that necessitates a new trial.<\/p>\n

Example: The emergence of a personal connection between the judge and one of the victim’s family members may result in a new trial.<\/p>\n

6. Human Rights Violations
\nThe existence of a practice contrary to the European Convention on Human Rights during the criminal case process may indicate that the rights of the defendant have been violated. If the ECHR or the Constitutional Court determines that the trial was unfair, a new trial is possible.<\/p>\n

Situations such as detention contrary to human rights, torture or ill-treatment, and violation of the right to defense are included in this scope.<\/p>\n

For example: The discovery that a defendant’s statement was taken under torture may be sufficient reason for a new trial.<\/p>\n

7. Legal Regulations Made in Favor of the Convict
\nChanges made in the penal laws in favor of the convict may constitute a reason for a new trial. If the new legal regulations contain elements that reduce the sentence or change the nature of the crime, the trial may be held again.<\/p>\n

For example: A person convicted of a previous drug offense may be requested to be tried again as a result of the reduction of the sentences in the drug laws.<\/p>\n

8. Contradiction of Court of Cassation Decisions
\nA new trial may be requested if there are conflicting decisions between the courts or if serious errors have been made in a decision of the Court of Cassation. In particular, changes in precedents or emergence of contradictory decisions may trigger this process.<\/p>\n

Example: If different decisions have been given in similar cases on the same subject, a retrial may be requested in accordance with the new precedent in favor of the defendant.<\/p>\n

Conclusion
\nRetrial renewal in criminal cases is considered as a last resort in the legal process. This process aims to guarantee the rule of law and the full provision of justice. In order to request a retrial, certain conditions must be met and the decision to be given at the end of this process will be the pot for changing the previous verdict.It is of great importance to obtain legal advice and manage the process correctly during the renewal of the trial.","protected":false},"excerpt":{"rendered":"

Retrial in Criminal Cases: In Which Cases Is It Possible? In criminal cases, the trial process generally ends with the finalization of the verdicts. However, in some cases, a renewal of the trial may be requested in order to ensure complete justice. Although this process is implemented in exceptional cases, it is an important guarantee […]<\/p>\n","protected":false},"author":12,"featured_media":9790,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-9785","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/9785","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=9785"}],"version-history":[{"count":1,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/9785\/revisions"}],"predecessor-version":[{"id":9793,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/9785\/revisions\/9793"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/9790"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=9785"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=9785"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=9785"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}