Renewal of the Trial
Renewal of the trial, in relation to a finalized sentence against a person, pursuant to Article 311 of the CMK, a retrial against or in favor of a convicted person is called a renewal of the trial. The renewal of the trial is an extraordinary way of law. As a rule, a retrial is not held for a court verdict that has been finalized by ordinary legal means. The renewal of the trial is carried out on request, without being subject to any deadline. The process of renewal of the trial cannot be carried out without a request. Upon an individual application of the ECTHR for the renewal of the trial, if the ECTHR makes a decision that personal rights have been impaired, it may be requested by applying to the court that made the decision within 1 year from the decision of the ECTHR.
AN EXAMPLE OF A PETITION REQUESTING THE RENEWAL OF THE TRIAL
TO THE HIGH CRIMINAL COURT
suspect :
THE DEFENDER :
DATE AND DATE OF DECISION :
SUBJECT : We Want the Trial to be Renewed.
descriptions :
1-) My client has been sentenced to a one-year prison sentence for his crime by the decision of your court with the date and number mentioned above, and the decision has been approved and finalized by the decision of the Criminal Chamber of the Court of Cassation … with the decision numbered … / … Main and … / … Decision.
2-) to the European Court of human rights against the provision we made …/…/… reference dated …/…/… concluded by the European Court of human rights and the criminal provision 6 of the convention on the protection of human rights and fundamental freedoms. it has been determined that it was given by violating the article.
3-) In accordance with Article 311 /f of the Criminal Procedure Code No. 5271, my client must be re-tried. In addition, considering the length of time my client has been in prison, it should also be decided to postpone the execution.
EVIDENCE : The decision of the ECTHR … /… dated … /… /… numbered Main, 5271 p. K. m. 311.
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client that the execution be stopped because my client will be a victim if the finalized decision is executed, that the retrial be held by accepting the reasons for the renewal of the trial, that the decision to acquit the client by lifting the conviction, that the decision to annul the verdict be published in the Official Gazette. …/…/…
Defense of the Accused
Lawyer.
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