Retrial in Criminal Proceedings. The Results of Empirical Research

Abstract

Retrial is an extraordinary legal remedy which allows for the review of a final decision when pursuing the truth, and — under strict legal conditions — may precede the requirements of legal certainty appearing as legal force. After a final court decision retrial is a frequently used method in criminal proceedings, so in my research my objective is to examine retrial cases. This required the complete review of all cases (147) related to retrials and completed in 2005 at the Court of Appeal of Debrecen, from various aspects. According to the summary, a final decision is rarely changed in a retrial process, however, the fact is, that even if in a single case error is eliminated, it is an indication that retrial is a necessary legal institution.