Against what kind of final judgment may retrial be requested, in whose interest, and on what must the request rest?
General information · Not legal advice
Material to check
In a practice file we read the certified copy of the final judgment to see whether it convicted the person rather than acquitted or dismissed the case, the papers identifying who received the sentence, and the record said to prove one of the listed grounds, such as newly discovered clear evidence or a final ruling annulling the right infringed.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the chapeau strictly: retrial may be requested only against a final judgment of guilt, only in the interest of the person who received that sentence, and only where one of the listed grounds exists, so a judgment of acquittal or dismissal has no place in this provision.
Another reading stresses what the provision does not say: it opens the door to whoever requests retrial 'for the benefit of' the sentenced person, without naming who may make that request, so whether a prosecutor, a relative or another person may act in that interest is left open, as is the point at which evidence counts as 'newly discovered'.
Your judgment
How could the file show that a retrial request was made in the interest of the person convicted rather than for some other purpose?
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 add or remove a ground, or if a court decision determines who may request retrial in the interest of the convicted person.