Diese Präsentation wurde erfolgreich gemeldet.
Wir verwenden Ihre LinkedIn Profilangaben und Informationen zu Ihren Aktivitäten, um Anzeigen zu personalisieren und Ihnen relevantere Inhalte anzuzeigen. Sie können Ihre Anzeigeneinstellungen jederzeit ändern.
Petition to Review
ObjectiveAfter you study this topic, you should beable to:•Understand legal terms•Identify the kinds of complains•Define p...
Contenti. Legal Terms………………………………………………………………………………...……a. res judicata……………………………………………………………….…………b. Judgment……………………………...
i. Legal Terms• Res judicata: any person who has been finallyacquitted by a court judgment cannot be prosecutedonce again ...
ComplainDefinition:Complain is a legal method to file againstsomeone. There are two purposes of a complainwhich are civil ...
The Process of Complain
Petition to Reviewមមមមមម​មមមមមមមមមមមមម​​​ បបបបបបបបបប បបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបប​បបបបបបបបបបបបបបបបបបបបបបបបប...
Review of ProceedingA motion for review may be filed:1. If, after conviction for a crime of murder, sufficient evidenceapp...
Person Entitledto Make Petition to ReviewThe right to file a motion for review of a case shall rest with:1. The Minister o...
Registration andExamination of Case FileThe application for review shall be recorded in aregister by the clerk of the Supr...
Procedure of Review:Time LimitThe court clerk shall inform the requester that hehas thirty days to complete his request. I...
Delivery of Motionfor Review to Supreme CourtIf the Criminal Chamber declares a motion forreview admissible, the case file...
Notification of Hearing Dateand Public HearingThe President of the Supreme Court shall set a hearing dateand give oral not...
Additional InvestigationsAs soon as the Supreme Court considers the case to be readyfor a decision, it shall decide on the...
Decision to SuspendExecution of SentenceAfter receiving a motion for review, theplenary of the Supreme Court may suspend t...
Summary-Petition to Review is way to file against judgment ofCFI, AC, and SC.-In the cases of P.R., they are-the alive of ...
Summary-Registration of P.R. is recorded by the Clerk ofthe S.C. Duration of applying P.R. has 30 days.-The President of t...
Q & A
References• Criminal procedure-Article 443. Motion for Review-Article 444. Motion for Review of Criminal Case-Article 445....
Nächste SlideShare
Wird geladen in …5
×

Petition to review

  • Als Erste(r) kommentieren

Petition to review

  1. 1. Petition to Review
  2. 2. ObjectiveAfter you study this topic, you should beable to:•Understand legal terms•Identify the kinds of complains•Define petition to review•Explain case the review of proceeding•Know how to file the petition to review•Raise your questions
  3. 3. Contenti. Legal Terms………………………………………………………………………………...……a. res judicata……………………………………………………………….…………b. Judgment……………………………………………………………………………c. Appeal judgment……………………………………………………….…..………ii. Complain……………………………………………………………………………...………...a. Seizing Court of First Instance……………………………………….…………b. Appeal against Judgment…………………………………………..……………c. Request of Cassation to Supreme Court………………………………………d. Petition to Review………………………………………………………………….iii. Petition to Review…………………………………………………………………….………a. Definition ……………………………………………………………………..…….b. Cases of review of proceeding…………………………………………………c. Persons Entitled to Make Motion for Review…………………………………iv. Summary………………………………………………………………………………………..v. References………………………………………………………………………………………vi. Q & A………………………………………………………………………………….…………
  4. 4. i. Legal Terms• Res judicata: any person who has been finallyacquitted by a court judgment cannot be prosecutedonce again for the same act, even if such act is subjectto deferent legal qualification.• Judgment: is issued at the hearing date or in asubsequent session.• Appeal judgment: a judgment that is issued bythe Court of Appeal.• Accused person: is a person that is chargedfinally by the judge.
  5. 5. ComplainDefinition:Complain is a legal method to file againstsomeone. There are two purposes of a complainwhich are civil and criminal action.-A criminal action: is to prove the guilt of anoffender and to punish this person.-A civil action: is to seek compensation forinjuries to victims of an offense.
  6. 6. The Process of Complain
  7. 7. Petition to Reviewមមមមមម​មមមមមមមមមមមមម​​​ បបបបបបបបបប បបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបបប​បបបបបបបបបបបបបបបបបបបបបបបបប​​ បបបបបបបបបបបបបបបបបបបបបបបប​បបបបបបបបបបបបបបបបបបបបបបបបបបArticle 443 Motion for ReviewA Motion for Review is away of contesting againsta definitive and final orderand judgment which hasres judicata.The plenary session ofthe Supreme Court shallhave competence overmotion for review.
  8. 8. Review of ProceedingA motion for review may be filed:1. If, after conviction for a crime of murder, sufficient evidenceappears to permit the belief that the victim is still alive;2. Where two accused have been convicted for the same crime andthe two judgments are not consistent with each other;3. Where any witness was convicted for giving false testimonyagainst the accused;4. Where new facts, documents, or other newevidence lead to reasonable doubt as to the guilt of a convictedperson.
  9. 9. Person Entitledto Make Petition to ReviewThe right to file a motion for review of a case shall rest with:1. The Minister of Justice;2. A convicted person; or his legal representativeif the convicted person is incapacitated;3. The spouse, parents, children, or, generally, anyperson who has a material or immaterialinterest in the removal of the conviction if the convictedperson has died or disappeared.
  10. 10. Registration andExamination of Case FileThe application for review shall be recorded in aregister by the clerk of the Supreme Court.A person who applies for review or his lawyer mayexamine the case file at the office of the clerk ofthe Supreme Court. The lawyer may make a copy ofsuch file.The copy of the previous judgments andappeal judgment shall be a document for Petition toreview.
  11. 11. Procedure of Review:Time LimitThe court clerk shall inform the requester that hehas thirty days to complete his request. In exceptionalcases, this time limit may be extended by the President ofthe Supreme Court.•Civil action-Petition to review is available after 30 day ofjudgment and appeal judgment. And petition to reviewcannot be make after 5 years of judgment and appealjudgment.•Criminal Action–it has no limited time.
  12. 12. Delivery of Motionfor Review to Supreme CourtIf the Criminal Chamber declares a motion forreview admissible, the case file shall be forwarded tothe Supreme Court for organizing a plenary hearing todecide on the questions of law and fact and render a finaljudgment.However, Petition to review cannot be brought thefollowing cases:-the Petition to review is unlawful-not reasons
  13. 13. Notification of Hearing Dateand Public HearingThe President of the Supreme Court shall set a hearing dateand give oral notification to the General Prosecutor. The GeneralProsecutor shall notify the requester and his. If the application for reviewwas made by the Minister of Justice, the General Prosecutor shall notifythe convicted person or his family of the hearing date.The hearing shall be conducted in public.The court shall hear the report of the reporting judge and then thelawyer of the requester. If the motion for review was made by the Ministerof Justice, the court shall hear the lawyer of the convicted person or hisfamily. If it is considered useful, the court may hear the convicted person.The court shall hear the observations of the General Prosecutor.The lawyer of the requester
  14. 14. Additional InvestigationsAs soon as the Supreme Court considers the case to be readyfor a decision, it shall decide on the motion for review by final judgment.Otherwise, the Supreme Court shall order furtherinvestigations. It shall appoint one of its members to carrythem out. The appointed judge shall have the same authority as aninvestigating judge, except for provisional detention and judicialsupervision.The person who applied for review and his lawyer shall benotified when the additional investigations are completed.The President [of the Supreme Court] shall set a new hearingdate as provided for in Article 451 (Notification of Hearing Date toParties and Public Hearing) of this Code.
  15. 15. Decision to SuspendExecution of SentenceAfter receiving a motion for review, theplenary of the Supreme Court may suspend theexecution of the sentence at any time.Any such decision shall include reasons.
  16. 16. Summary-Petition to Review is way to file against judgment ofCFI, AC, and SC.-In the cases of P.R., they are-the alive of victim-not consistent with accused-false testimony-having enough evidences-Person has the right to make P.R-the Minister of Justice-the accused, legal representatives-relatives of accused
  17. 17. Summary-Registration of P.R. is recorded by the Clerk ofthe S.C. Duration of applying P.R. has 30 days.-The President of the S.C. shall set a hearingdate and give oral notification to the General Prosecutor.-All the decision is held by the judge of S.C.
  18. 18. Q & A
  19. 19. References• Criminal procedure-Article 443. Motion for Review-Article 444. Motion for Review of Criminal Case-Article 445. Review of Proceeding-Article 446. Persons Entitled to File a Motion for Review-Article 447. Registration of Motion for Review• Civil procedure-Article 307 grounds for retrial 1-Article 308 grounds for retrial 2-Article 309 Retrial cout

×