Reconsideration of the case due to newly discovered circumstances is an institution of law that provides the possibility of canceling a previously adopted decision for reasons beyond the control of the parties.
Legislative regulation
Revision of the case due to newly discovered circumstances as a legal institution is provided for in all procedural codes except for the Code of Administrative Offenses.
Analyzing the law, lawyers note the similarity of the wording of the text. Especially when comparing the provisions of the CCP and the agro-industrial complex. If we talk about CAS, lawyers consider it an extra copy of the Code of Civil Procedure.
The exception is the CPC. The system for reviewing cases due to newly discovered circumstances, provided for by him, is closely connected with the procedures for preliminary investigation and the specifics of the criminal process.
The legislation provides a standard list of grounds.
The explanations of the Armed Forces of the Russian Federation, in particular the resolution of the plenum on this issue, are also of importance. A similar ruling was issued by the BAC for arbitration courts.
Revision Institute Feature
The judicial system is built in a hierarchical system. First, lower courts, then appeals, and then cassation instances. The Supreme Court serves as a supervisor, and sometimes a cassation instance.
The proceedings are secured by complaints of the participants in the process. They are based on violations of the procedural and substantive legislation committed by the courts.
The review of the case due to newly discovered circumstances is associated not with errors or omissions of the court, but with other factors.
Reasons for review
In the procedural codes, the law establishes two groups of grounds for revision:
- newly discovered circumstances;
- new circumstances.
The first group includes factors that took place at the time of the trial, which were not known for objective reasons.
The second group includes factors that appeared after the case was resolved.
Newly discovered circumstances
Revision of a civil case due to newly discovered circumstances includes three groups of circumstances:
- the applicant (this applies equally to the plaintiff and defendant, another party to the case, the prosecutor) did not know or could not know about them;
- false testimonies of witnesses, false opinions of experts, false translations, use of fabricated evidence that influenced the court's decision;
- crimes of the parties, other parties to the case, their representatives, judges, committed by them during the consideration of the case.
Everything belongs to the first group. For example, there is a document, the existence of which the plaintiff did not know, although the paper was significant and confirmed the claim.
Another example. The defendant in the dispute about the amount of alimony did not know and could not know that the child did not come from him.
The second and third group of circumstances relate to the unlawful actions of the participants in the process and the judges who resolve the dispute. The law considers them proven if there is a court verdict confirming the fact of the commission of the act and the guilt of the person.
Revision of a civil case due to newly discovered circumstances in the case of the second group of circumstances is probable, in the case of the third group it is mandatory.
For example, if it is revealed that the witness gave false testimony, the judge, evaluating the new circumstances, may refuse to review.
If, for example, it turns out that a judge representing one of the parties offered a bribe, the decision is necessarily set aside and a new trial begins.
The actions of the judge or the parties are considered more significant than the actions of other persons involved in the process.
New circumstances
Their source is always judicial acts or a change in the practice of enforcement, as reflected in the official position. It:
- annulment of a judicial act, an act of an authority that formed the basis of a decision;
- recognition of an illegal transaction that formed the basis of the decision;
- recognition of the law as unconstitutional in whole or in part, affecting the previously adopted decision;
- the decision of the ECHR, which found a violation of the norms of the Convention on Human Rights in a particular case;
- changing the legal position of the RF Armed Forces in applying the rule of law.
Arbitration Review System
The review of arbitration cases due to newly discovered circumstances is based on rules similar to the rules of civil procedure. Norms of laws do not contain any differences.
The differences are contained in the explanations on the application of procedural rules published by YOU.
For example, a distinction is made between material circumstances, previously unknown and new evidence. If new evidence is related to previously investigated circumstances, a refusal to satisfy the application must be made.
Material circumstances include, for example, violations committed by cassation judges.
Clarifications include in the list of material acts recognition that the normative legal act does not comply with the laws.
Thus, the EAC in its time issued more comprehensive explanations, with an expanded understanding of the law, which resolves many issues that arise in practice.
Features of the administrative process
The system for reviewing an administrative case for newly discovered circumstances is similar to that available in civil or arbitration proceedings. The only exception added to the list: cancellation of a normative act of the RF Armed Forces, recognition of it as illegal.
Sometimes the reason for the ongoing dispute is not a judge or another official, but mistakes made in regulatory legal acts.
If a citizen subsequently disputes the legality of such an act, the case in which he previously participated is subject to review.
This is an act of a general nature that applies to an indefinite number of people (for example, the rules for obtaining public services).
Features of the criminal process
Revision of a criminal case due to newly discovered circumstances has its own peculiarities. The familiar list is supplemented by the following items:
- the circumstances were not known to the court;
- falsification or forgery of investigative and judicial protocols;
- criminal actions of the investigator, interrogator and prosecutor, leading to an illegal and unjustified sentence;
- criminal actions of a judge during a trial.
Now about the list of new circumstances. The decision of the ECHR is applied on two grounds:
- in a criminal case, a law that does not comply with the Convention has been applied;
- in the criminal case, other violations of the norms of the Convention were committed.
All described circumstances are confirmed only by a judicial act that has entered into force.
In contrast to the criminal actions of the inquiry officer, investigator or prosecutor, the acts of a judge serve as the basis for the mandatory annulment of a sentence.
It is considered noteworthy to identify previously unknown consequences of the crime, contributing to the tightening of the charges;
Other circumstances are considered new, and nothing is said about the degree of their materiality.
In the criminal process, newly discovered and new circumstances are revealed both during the trial and during the preliminary investigation. In particular, a sufficient basis is the decision of the investigator who established new facts in another criminal case.
Which court is empowered to review
Courts have various powers to review cases. However, with regard to the issue under discussion, it can be decided by any authority. How to determine where to go?
According to the Code of Civil Procedure, the re-examination of the case due to newly discovered circumstances is provided by different courts.
If the initial decision was not changed or canceled, then the application is submitted to the court of first instance. If one of the higher authorities has canceled the decision or made changes to it, then the application is sent to the appropriate authority.
For example, the decision of the justice of the peace has not been quashed or changed by all instances of complaints. An application for review of the case is then filed with the justice of the peace who made the decision.
But if the district court’s decision on the case was canceled and a new one was adopted or changes were made? In this case, the application is submitted to the district court.
If the cassation or supervisory instance denied the complaint and did not accept and did not change the earlier decision, they shall not participate in the review of the case due to newly discovered circumstances. In criminal proceedings, the procedure looks different.
Revision of an administrative or arbitration case is carried out by the courts that have adopted the relevant acts, by analogy with the Civil Procedure Code.
Question about the timing
The law requires that a statement be submitted to the court for review within a limited time.
The term for reviewing a case due to newly discovered circumstances or due to new circumstances is limited to three months.
They are counted from the day the relevant court decision comes into force.
In criminal cases, the day of revealing the relevant circumstance is considered:
- Signing by the prosecutor of a conclusion on the need to resume proceedings. The opinion of the prosecutor is the basis for the resumption of proceedings in limited cases.
- Entry into legal force of a decision of a judge or a sentence.
In addition, the law does not limit the time for review of convictions; in criminal cases with acquittals, renewal is provided for within the statute of limitations.
Drafting a statement
An application in civil, arbitration and administrative cases is compiled according to a single scheme:
- name of the court to which the application is sent;
- information about the applicant, his status (plaintiff, defendant, etc.);
- information about other participants in the case (F. I. O., addresses);
- circumstances confirming the identification of relevant circumstances;
- reference to legislation, judicial acts that have entered into force;
- a request to the court (to request documents, call witnesses, etc.);
- signature of the applicant, representative, date of sending the application;
- an inventory of the documents attached to the application.
Necessarily attached are copies of decisions on which the applicant substantiates his arguments. Their number should correspond to the number of participants in the meeting, and one set is left to the judge.
Where can I get a statement or its sample on review of a case due to newly discovered circumstances or new circumstances? It is better to contact the lawyer or attorney representing the applicant in the trial. If this is not possible, you should trust another specialist. Lacking knowledge and skills, the applicant may miss the chance to rediscover the case.
Application Review Procedure
The procedure for reviewing a case due to newly discovered circumstances or new circumstances is unified in the Code of Civil Procedure and other Codes.
An application is signed, signed by the representative of the party or another person related to the case. In particular, broad powers are given to the prosecutor.
The judge, having accepted the application, checks its compliance with formal requirements. The law in this case does not provide for leaving the application without motion, although such a practice does occur and it is considered justified.Time is given to eliminate the shortcomings, if the applicant has met the deadline for fulfilling the requirements of the judge, a meeting is scheduled.
The applicant is the first to speak, then the second, the arguments presented are discussed, and new materials are investigated if necessary.
Then the judge makes a decision in the form of a ruling on sending the case for review or refusal to review.
The described procedure is the same for the civil, arbitration and administrative forms of legal proceedings.
Resumption of criminal proceedings
The proceedings are instituted by the prosecutor. Reasons: reports from citizens, law enforcement officials, information received during a preliminary or judicial investigation of other criminal cases.
The message can be sent in the form of a simple letter indicating the information about the applicant.
It is better for an interested person to contact a lawyer specializing in the relevant category of cases, if it is not possible to contact a lawyer who was involved in the case.
If the information is received from law enforcement officials, it is sent in the form of a report, a resolution of the investigator, prosecutor, and a judge’s decision.
The negative opinion of the prosecutor is appealed to a higher prosecutor or in court. In the sense, either the convicted person or his defender has such a right.
The prosecutor will send materials for verification to the head of the inquiry or the investigation department, if there is a need for criminal prosecution or for conducting separate investigative measures.
The review of the case on the grounds described above is carried out by the Presidium of the RF Armed Forces on the proposal of the President of the court. The basis of the submission is one of these judicial acts or the opinion of the prosecutor.
After the trial, the results are reported to the RF Constitutional Court, authorized by the ECHR, to the prosecutor.
Thus, the grounds for reviewing cases due to newly discovered circumstances or due to new circumstances and the procedure for their implementation in criminal proceedings have noticeable features.