The Plenum of the Supreme Court emphasizes that the verdict in a criminal case can be reviewed for new or newly discovered circumstances even after its entry into force. Whether the appeal, cassation or supervisory instance has considered the case, any decision can be reviewed.
In the resumed process, not only the final sentences can be studied, but also interim court decisions, for example, court de
Newly discovered circumstances are circumstances that took place at the time of the entry into force of the judicial act, but were not known to the court. These include, for example, the criminal actions of the victim, witness, expert, translator, investigator, investigator, prosecutor, judge and others.
For example, if a lawyer presented a forged document as evidence, this may become the basis for a review of the case. In this case, the court must first understand whether the criminal actions led to the issuance of an illegal, unreasonable and unfair decision.
And if we are talking about the criminal actions of a judge or a jury, then the decisions on the case are always subject to cancellation with the transfer of the criminal case to a new trial.
The Plenum of the Supreme Court refers to the "new" circumstances that were not known to the court at the time of the decision and which exclude criminality and punishability of the act. These do not include amendments to the Criminal Code on the decriminalization of any offense.
The onset of new socially dangerous consequences from a crime is the basis for bringing charges of committing a more serious crime, and the Plenum also refers this to "new circumstances".