The Implementation Rules of the Code of Criminal Procedure Article 7-8

Prior to the implementation of the amended and approved Code of Criminal Procedure on January 23, 2015, a case was filed for a retrial, pursuant to the provisions of Article 420 Paragraph 1 Subparagraph 6 of pre-amended Code of Criminal Procedure, based on new facts or new evidence that were not covered by the said provisions, and then the case was later withdrawn by the applicant pursuant to the provisions of Article 431 Paragraph 1 of the Code of Criminal Procedure, or the case was rejected by the court pursuant to Article 434 Paragraph 1 of the Code of Criminal Procedure, specifically because that new evidence was not covered by trial court and was not found prior to the delivery of judgment, and thus was not investigated in time for consideration. After the implementation of the said Code, the said case is filed for a retrial based on the same facts and evidence, which are now in conformance with the amended provisions, the provisions of Article 431 Paragraph 2, Article 434 Paragraph 2 of the code of criminal procedure do not apply.The scenario as described in the preceding paragraph, where the applicant withdrew the case pursuant to the provisions of Article 431 Paragraph 1 of the Code of Criminal Procedure, or where the case was rejected by the court pursuant to Article 434 Paragraph 1 of the Code of Criminal Procedure, the provisions of Article 431 Paragraph 2 and Article 434 Paragraph 2 still apply.