Section IV

VERIFICATION OF COURT’S JUDGMENTS, RULINGS, AND DECISIONS

Chapter 32

REOPENING CASES BASED ON NEWLY DISCOVERED CIRCUMSTANCES

Article 400-5. Grounds for reconsideration of court’s decisions based on newly discovered facts

Court’s decisions that have taken legal effect may be reconsidered based on newly discovered facts.
The following shall be considered to be newly discovered facts:
1) falsified proofs, wrong translation, testimonies of a witness, victim, accused, defendant, opinion and explanations of a court expert underlying the judgment concerned;
2) abuses the prosecutor, inquirer, investigator, or judges commit during proceedings in the case;
3) any other facts of which the court had no knowledge when decreeing its decision and which themselves or together with previously established facts show that conviction or acquittal of the defendant was a mistake.
Falsifying proofs, knowingly wrong translation, knowingly misleading testimonies of a witness, victim, knowingly wrong court’s expert opinion and explanations, abuses of prosecutors, inquirers, investigators, and judges shall be grounds for reconsidering judicial decisions which have taken legal effect, by way of exceptional proceedings provided that they are established by a judgment which has taken legal effect and, if decreeing a judgment is impossible, - by records of the investigation.