1
MA in Private Law of Zanjan Branch of Islamic Azad Universityر
2
PhD in Criminal Law and Criminology of Qeshm Branch of Islamic Azad University
Abstract
The resumption of trial or retrial is one of the extraordinary ways in which a person or persons, if there are legitimate grounds, requests from lower court or the Court of Appeal, as the case may be, that review yourself and, if necessary, deviate from it's previous decision. Therefore, a retrial (if the plaintiff's appeal is accepted) is considered a retroactive action and is a way to return to the same court that ruled and in order to deviate from the judgment previously issued by that court and a claim for retrial. It is a mistake. Therefore, as is clear from the concept of retrial, this method of objection to judgments is not in itself a retroactive approach, but is a retroactive approach if accepted by the trial court. So that if the applicant does not consider the reasons for the retrial is not sufficint and does not consider it to be subject to any of the aspects of the retrial, he will objectively confirm the sentence and will not deviate from it. Therefore, the deviant nature of that branch is based on the acceptance of the request and the violation of the sentence, not just the request for retrial. Retrial is possible only in accordance with court judgements and it will not be conceivable regarding the decisions issued by the courts. Because, in principle, the issued orders, such as the decision to cancel the petition, the reject the application and the reject the lawsuit, are not valid and it is possible to litigation again.
Pourghorbani, M., & Pourebrahim, A. (2020). Analysis of the Retrial and Analyzing its Relationship with the Methods of Appealing Against the Judgements. Judgment, 19(100), 111-130.
MLA
Mohammadreza Pourghorbani; Ahmad Pourebrahim. "Analysis of the Retrial and Analyzing its Relationship with the Methods of Appealing Against the Judgements". Judgment, 19, 100, 2020, 111-130.
HARVARD
Pourghorbani, M., Pourebrahim, A. (2020). 'Analysis of the Retrial and Analyzing its Relationship with the Methods of Appealing Against the Judgements', Judgment, 19(100), pp. 111-130.
VANCOUVER
Pourghorbani, M., Pourebrahim, A. Analysis of the Retrial and Analyzing its Relationship with the Methods of Appealing Against the Judgements. Judgment, 2020; 19(100): 111-130.
)