Extraordinary Remedy: Retrial in Criminal Proceedings

Retrial is an extraordinary legal remedy regulated under Articles 311 – 323 of the Criminal Procedure Code. Unlike other extraordinary remedies, the manner in which the judgment was finalized does not impact the eligibility for a retrial. For more details, refer to Extraordinary Objection in Turkish Criminal Law.

The request for a retrial is subject to the general statute of limitations. However, for requests in favor of the convicted, there is no time restriction, with the exception of applications based on European Court of Human Rights (ECHR) decisions. In such cases, the application must be made within one year from the date of the ECHR decision.

In the following situations, a retrial in favor of the convicted may be requested:

• Forgery: If a document used in the trial is found to be forged.
• False Testimony or Expert Opinion: If a witness or expert intentionally provides false testimony.
• Judge Misconduct: If a judge has acted in a way that constitutes misconduct.
• New Evidence: If new evidence emerges that could lead to the acquittal of the defendant. For further information, see Appeal for the Benefit of the Law in Turkish Criminal Law.

A retrial against the defendant may be pursued under these conditions:

• Forgery: If a document presented in favor of the defendant is found to be forged.
• Judge Misconduct: If the judge has acted favorably towards the defendant through misconduct.
• Defendant’s Confession: If the defendant confesses to the crime after being acquitted.

A retrial request does not automatically suspend the execution of the judgment, but the court may decide to postpone the execution. Collection of evidence can be carried out by the court or an assigned judge.

The retrial process plays a crucial role in safeguarding justice and protecting the rights of defendants. Bayar Law Office is committed to supporting fair trial processes that uphold the principles of justice.

Note: This article was written by Attorney Hüseyin Bayar and belongs to Bayar Law Office. Unauthorized copying or sharing is prohibited.