Juvenile Justice Act Article 64-2

Where after a ruling not to apply protective measures is finalized one of the following circumstances appears so that it is deemed that the protective measures should have been pronounced, the victim or the juvenile’s statutory agent may apply to the court that made the ruling not to apply protective measures for a trial de novo:1. where circumstances for retrial in accordance with Article 422, Subparagraph 1 of the Code of Criminal Procedure exist;2. where a confession made by the juvenile or newly discovered evidence is sufficient to show the existence of behavior specified in Article 3, Paragraph 1, which leads to the conclusion that the protective measures should have be pronounced.Provisions in Articles 429, 431 to 434, Paragraphs 1 and 2 of Article 435, and Article 436 of the Code of Criminal Procedure shall apply mutatis mutandis to trial de novo in the preceding paragraph.Where the juvenile court that delivered a ruling not to apply protective measures finds one of the circumstances specified in Paragraph 1 above, it may make a ruling of trial de novo on its own initiative.A trail de novo in accordance with Paragraph 1 or with the preceding paragraph may not be initiated one (1) year after the finalization of a ruling not to apply protective measures.