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Retrial Standards And Procedures In International Criminal Cases

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Chapter Summary

Judicial mechanisms to review and reopen criminal cases, even if ordinary procedural remedies are exhausted, are critical for the prevalence of the rule of law. This notion seems without dispute within the major legal systems of the world. This chapter discusses the assessment of the requisite retrial standard within a civil law system, i.e., the view of the Dutch Supreme Court. A principal question is whether criminal cases may be reviewed and reopened on the basis of "new" defenses or arguments that were not raised during the initial trial. Unlike most civil law systems, the British judicial review system, opens the possibility that a retrial can be granted on the basis of such a defense or argument de novo.

Keywords: criminal cases; Dutch Supreme Court; judicial mechanisms; procedural remedies; retrial standard



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