Uusintatutkinta

Uusintatutkinta refers to a retrial or reinvestigation in the Finnish legal system. It is a legal remedy that allows for a previously concluded criminal case to be re-examined under specific circumstances. The primary purpose of a uusintatutkinta is to correct potential miscarriages of justice where new evidence emerges or significant procedural errors are discovered.

The grounds for initiating a uusintatutkinta are strictly defined by law. Typically, it can be sought if new facts or evidence are discovered that were not available at the time of the original trial and which could have led to a different outcome. This could include, for example, new witness testimonies, newly discovered forensic evidence, or proof of perjury by a key witness. Additionally, if it is found that the original proceedings were fundamentally flawed due to serious legal errors or violations of fundamental rights, a retrial might be considered.

A request for a uusintatutkinta is made to the Supreme Court of Finland (Korkein oikeus). The court will carefully review the application and the presented evidence to determine if the legal threshold for a retrial is met. If the Supreme Court grants the request, the case is typically sent back to a lower court for a new trial. The new trial will re-examine the evidence and the legal issues, aiming to ensure a just outcome based on all available information. The process is designed to be exceptional, preventing endless relitigation of cases already decided.