Juvenile Justice Act Article 64-1

After a disposition that pronounces protective measures is finalized and it is deemed that the protective measures concerned should not apply for any of the following reasons, a juvenile protection officer, the juvenile, his/her statutory agent, a person who currently protects the juvenile or his/her assistant may apply to the juvenile court that pronounced the protective measures for a trial de novo:1. where the application of the law is clearly mistaken and the error is sufficiently significant to affect the ruling;2. where newly established evidence is sufficient to show that the protective measures should not apply to the juvenile in question;3. where circumstance for retrial in accordance with Article 420, Paragraph 1, Subparagraphs 1, 2, 4, or 5 of the Code of Criminal Procedure applies.Provisions in Article 423, Article 429, the first part of Article 430, Articles 431 to 434, Paragraphs 1 and 2 of Article 435, and Article 436 shall apply mutatis mutandis to procedures of trial de novo in the preceding paragraph.Where the juvenile court which pronounced the protective measures finds one of the circumstances in the subparagraphs of Paragraph 1, it may deliver a ruling of trial de novo on its own initiative.Where after the completion of the execution of protective measures, a finding is made to subject the juvenile to criminal prosecution due to the results of a trial de novo, the ensuing disadvantage shall apply to the juvenile, and a ruling of transferring the said juvenile to a prosecutor of the prosecutors’ office in the competent court shall not be made.