This study addresses the topic of “Retrial as an Extraordinary Means of Appealing Judgments”, due to its importance in rectifying judicial errors and ensuring the realization of justice. Retrial is considered a legal mechanism that grants affected parties a new opportunity for reconsideration of their cases, thereby contributing to achieving a balance between the interests of the individuals concerned, on the one hand, and the stability of judicial rulings, on the other. The study consists of an introduction, three sections, and a conclusion.

The first section explores the concept and legality of retrial, clarifying the distinction between it and other methods of appeal. The second section examines the reasons and conditions that justify requesting a retrial, highlighting its role in achieving justice and redressing grievances. The third section focuses on the procedures followed in retrial cases and their outcomes.

The study concludes that retrial is an exceptional means of appeal intended to correct errors that may taint final judicial rulings. The law specifies several reasons that justify a retrial—such as fraud, deception, forgery, and the submission of false evidence—but these are not exhaustive and may be expanded to include other circumstances. Furthermore, the law requires that the applicant be a party to the original case, submit the request in the same capacity held prior to the judgment, and demonstrate a legitimate legal interest.

Title

مجلة العلوم الإسلامية

Publisher

الجامعة العراقية

Publisher Country

Iraq

Publication Type

Both (Printed and Online)

Volume

41

Year

2025

Pages

30