Retrail in Criminal Procedure Law

A state of rule of law is subject to the Constitution and the law, abides by them in all its actions, respects human rights and freedoms, and establishes a just legal order. The state has a judicial function besides its legislative and executive functions. It undertakes a judicial function to provide legal piece and achieve justice. Justice is to ascertain material facts by implementing the law through the criminal procedure. Following the finalisation of a judgment made as a result of the criminal procedure, the presumption about the ascertainment of material facts is accepted. In other words, justice is achieved when a dispute is resolved with a final judgment within a reasonable time. However, if new evidence is found after the judgment is finalised, the dispute must be reviewed to ascertain material facts; since the emergence of new evidence shakes the idea that justice is secured. The necessity to restore justice by establishing the material facts has brought about the institution of "Retrial". The subject of Retrial in Criminal Procedure was assigned to me as a thesis topic by Çankaya University, Faculty of Law, Department of Public Law. In this thesis study, detailed information is given in light of the articles of law, grounds for articles, judicial decisions, and different opinions in doctrine. In this study, firstly, the definition and legal nature of the concept of retrial, a comparison between the institution of the retrial and other legal remedies, subject of the institution of retrial, and cases which do not prevent a retrial are stated in detail; and the grounds for retrial are mentioned individually. Then, the retrial procedure and the effects of a retrial judgment were discussed, and the study was concluded.