Extraordinary remedies

New trial

A new trial - retrial of proceedings which have ended in a final judgment or a criminal order shall be granted if facts or evidence previously unknown to the court come to light which, either alone or in conjunction with facts and evidence previously known, could justify a different decision on guilt, the aggrieved party's claim for monetary compensation for damage or non-pecuniary loss, or the recovery of unjust enrichment. A new trial could also be granted if, in light of new facts or evidence, the sentence originally imposed would have been manifestly disproportionate to the nature and gravity of the offence or the circumstances of the offender, or if the type of sentence imposed would have been manifestly contrary to the purpose of the sentence.

These are examples of cases where certain novelties are applied which were not known to the court in the original proceedings.

The retrial has two phases: in the first phase the court examines whether to grant the new trial and, if so, the rnew trial itself follows in the second phase. There is no time limit on the part of the convicted person to file a motion for leave to reopen the proceedings.