gjenopptakelser

Gjenopptakelser refers to the legal process of reopening a criminal case after a final judgment has been delivered, with the aim of correcting injustices or reviewing new circumstances that could affect the outcome. The remedy is designed to ensure that decisions are fair and based on all relevant information.

Grounds for gjenopptakelse typically include newly discovered evidence of decisive significance, or significant procedural errors or omissions that could have influenced the result. Additional grounds may involve legal misinterpretations or other substantial failings in the course of original proceedings. The exact criteria and scope are defined in national law and guide the assessment of whether reopening is warranted.

The process usually involves an application or petition submitted to a competent authority, such as a dedicated reopening commission or a court. The body assesses whether the conditions for reopening are met and whether a new examination or retrial should be ordered. If the decision is to proceed, the case is reopened and new proceedings are conducted, potentially leading to a revised verdict or sentence. If gjenopptakelse is denied, the original judgment generally remains in force, though certain avenues of appeal or review may still exist depending on the jurisdiction.

Gjenopptakelser are relatively rare and are subject to procedural safeguards to prevent abuse. They reflect a legal system’s commitment to due process and to correcting serious errors that could undermine justice.

See also: gjenopptakelseskommisjonen, gjenopptakelse av straffesak.