New evidence presented to the Supreme Court in a murder case

New evidence presented to the Supreme Court in a murder case

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

No new evidence is presented to the Supreme Court with the intention of re-proving or denying the facts in a murder case. The Supreme Court decides on the objection based on the file papers, and does not address the facts of the case.

Article 202 of the Code of Criminal Procedure states:

“Without prejudice to what is stipulated in Articles (Tenth) and (Eleventh) of this Law, if the Supreme Court accepts the objection in form, it shall decide on the subject of the objection based on the papers in the file, without addressing the facts of the case.”

As for submitting new defenses or evidence, the law permitted it before the Court of Appeal;

Article 197 stipulates: “The Court of Appeal shall consider the appeal or audit request, based on the papers in the file and the new defenses or evidence submitted to it by the opponents to support the reasons for their objection submitted in the memorandum.” “

Accordingly:

• If the case is still before the Court of Appeal, new evidence may be presented to it to support the reasons for the objection contained in the memorandum.
• If the case is before the Supreme Court, the new evidence will not be submitted to it for re-examination of the facts, as its consideration will be based on the file papers and without addressing the facts of the case.
• If evidence emerges after a final sentence has been issued, and it would not convict the convict or reduce the sentence, the prescribed route is to request reconsideration. Article 204 states: “Any of the parties has the right to request a review of the final rulings issued with the penalty,” and among his cases: “If, after the ruling, evidence or facts appear that were not known at the time of the trial, and such evidence or facts would prevent the convict from being convicted, or reduce the penalty.”

Conclusion: The new evidence is replaced by the Court of Appeal within the limits of the grounds for objection contained in the memorandum. It shall not be submitted to the Supreme Court for re-examination of the facts. After a final ruling on the penalty is issued, the new evidence may be the basis for requesting reconsideration if the conditions of Article 200 are met.

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References

• Article 197 of the Code of Criminal Procedure
• Article Two Hundred and Two of the Code of Criminal Procedure
• Article 204 of the Code of Criminal Procedure