Amendment of Judgements
Article 272 – Amendment of judgement regarding a court’s definite sentences can be restored regardless of whether the sentence was implemented, in the following cases:
1- If a person is convicted of murder, but it is found that the murdered person was alive at that time or is still alive.
2- When several persons are convicted of committing a crime, but the crime is a type that cannot have more than one perpetrator.
3- If a person has been sentenced for a crime and that crime is the same as the crime another person has been convicted of by another Judiciary Court, such that the conflict and contradiction between the two issued sentences must prove the innocence of one of the convicted persons.
4- If the documents and the testimonies of the witnesses, on which the sentence was based, are found to be forged and untrue.
5- If other incidents happen or are discovered, or new reasons are presented after the definite sentence is issued, which proves the innocence of the accused.
6- In cases where the issued sentence is not proportionate with the committed crime due to the judge’s mistake.
7- If the subsequent law determines a lesser punishment than the previous law. In this case, the new sentence after the initial trial shall not be more than the previous one.
Note – With regard to unforgivable crimes, the pardon of the complainant or the private plaintiff after the definite sentence is issued cannot lead to a hearing restoration.
Article 273 – The following persons are allowed to request an amendment of judgment:
1- The convicted person, his or her attorney, or legal deputy and in case of death or absence of the convicted person, his or her spouse, heir or executor.
2- The Attorney General.
3- Director of the District Court.
Article 274 – The request for amendment of judgment is presented to the Supreme Court. The Supreme Court will refer the review of the case to a parallel court of the issuing court after having adopted the request with one of the items stipulated in Article (272).
Article 275 – If the Supreme Court accepts the request for amendment of judgment, the implementation of the sentence, if not implemented, will be postponed until the hearing is restored and the new sentence is issued. However, if there has been no adequate bail obtained or if the bail received is no longer effective, a proper bail will be obtained to prevent the accused from absconding.
Note – The court that is going to review the case after the approval of the amendment of judgment is the one to determine the bail.
Article 276 – Once the secondary trial has started, whenever the convict presents strong documents and an argument, effects and consequences of the initial sentence are stopped immediately and subsequent alleviation is executed. However the alleviation shall not cause the escape of the convict from trial or his or her hiding.
Article 277 – Regarding unforgivable crimes, whenever a complainant or private plaintiff withdraws his or her complaint after a definite sentence, the convict can request an appeal of the amount of the punishment. In this case, the court will review the request of the convicted person in extra time and will alleviate the punishment if legally appropriate. This sentence is definite.
