Under this special provision, who may file for retrial, and what facts about the convicted person and the timing must the file establish?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the final guilty judgment to see which of the three cited paragraphs of the Litigation Promotion Act produced it, any record showing why the convicted person could not attend the public trial, and the filing receipt stamping when the application reached the first-instance court.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading keeps the two roles apart: the persons listed in the Criminal Procedure Act provision on retrial applications are the ones who may file for retrial with the first-instance court, and the opening depends on a separate person — one convicted and finally sentenced under the cited paragraphs of the Litigation Promotion Act — having been unable to attend the public trial for a reason for which that person cannot be held responsible.
Another reading turns on the proviso: the period the provision sets runs from the day the applicant learned that the judgment was made, but where the applicant could not file within it for a reason for which they cannot be held responsible, it runs instead from the day that reason ceased, so the file must show which counting applies, and the provision does not define what counts as such a reason.
Your judgment
When the record shows the applicant learned of the judgment at one date but filed much later, what facts would show whether the second counting in the proviso applies?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may file or how the period is counted, or if a court decision clarifies what counts as a reason for which the applicant cannot be held responsible.