# Review of a criminal judgment on newly discovered circumstances Even a final judgment can be reviewed if one of the grounds listed in the law emerges — for example, new evidence that was not known when the judgment was delivered. We prepare the application and protect the convicted person's interests in the Court of Appeals and the Supreme Court. - [If detained — WhatsApp 24/7](https://wa.me/995551004300) - Confidential - Georgian · English · Russian - Consultation from 300 GEL - Courts of all instances The application can be made by the prosecutor, the convicted person and their lawyer, and if the convicted person has died — by their legal heir and the heir's lawyer (Criminal Procedure Code, Article 312, part 2). The application is filed in writing with the competent Court of Appeals and does not suspend the execution of the judgment (Article 312, parts 1 and 4). ## Grounds for review Under Article 310, a judgment is reviewed if: - A final judgment has established that evidence on which the judgment under review was based is false. - There is a circumstance showing that the court that delivered the judgment was unlawfully composed, or that evidence on which the judgment was based was inadmissible. - A final judgment has established that a judge, prosecutor, investigator, juror or another person in relation to a juror committed a crime in connection with this case. - The Constitutional Court of Georgia has declared unconstitutional the criminal law applied in this case. - A final judgment of the European Court of Human Rights has found a violation of the Convention or its Protocols in this case, and the judgment under review is based on that violation. - A decision of a UN committee listed in the law has found a violation of its founding convention in this case, and the judgment under review is based on that violation. - A new law abolishes or reduces liability for the act for which the person was convicted. - A new fact or evidence is presented that was not known when the judgment was delivered and proves the convicted person's innocence or the commission of a lesser or a graver crime; or proves the guilt of an acquitted person or the commission of the crime by a person against whom prosecution had been ended. - A prosecutor's decision is presented finding a substantial violation of the convicted person's rights during the proceedings, which was not known when the judgment was delivered and proves their innocence or the commission of a lesser crime. - The Court of Appeals has declared unlawful a covert investigative action whose evidence was the basis of the judgment. ## Deadline There is no time limit for review. The exception is an application based on a decision of the European Court or a UN committee: it is filed within 1 year of the European Court's decision becoming final or the committee's decision being adopted (Article 311). ## How it works - The application must state the ground for review and the evidence (Article 312, part 3). - Within 2 weeks of filing, the court checks whether the application meets the requirements of the Code and whether it is well-founded (Article 313, part 1). - A ruling of inadmissibility can be challenged in cassation within 2 weeks of being issued (Article 313, part 2). - If admitted, the Court of Appeals hears the case on the merits and either upholds the judgment, changes it, or quashes it and delivers a new judgment; this judgment can be challenged in cassation (Article 314). ## Our services - Analysis of the judgment and case file to find grounds for review - Assessing new evidence - Preparing the application to the Court of Appeals - Challenging a ruling of inadmissibility - Defence at the hearing on the merits - Representing the interests of the convicted person's heir ## Questions & answers ### Can a final judgment be changed? Yes — if one of the grounds listed in Article 310 exists. The court can then change or quash the judgment and deliver a new one (Article 314). ### Is there a deadline? No, except for applications based on a decision of the European Court or a UN committee — then the deadline is 1 year (Article 311). ### Who can apply? The prosecutor, the convicted person and their lawyer; if the convicted person has died — their legal heir and the heir's lawyer (Article 312, part 2). ### Does the application suspend the sentence? No (Article 312, part 4). ### A new law reduced the penalty — can the judgment be reviewed? Yes. A new law that abolishes or reduces liability for the act of conviction is one of the grounds for review (Article 310, sub-paragraph "f"). ## Legal basis - [Criminal Procedure Code of Georgia](https://matsne.gov.ge/ka/document/view/90034) - [Criminal Code of Georgia](https://matsne.gov.ge/ka/document/view/16426) Official texts (in Georgian) — Legislative Herald of Georgia, matsne.gov.ge. Important: the information on this page is general and is not legal advice. It reflects the law in force on the date of publication. The law may change, and every case is assessed individually. Do not make decisions based solely on this information — it is best to consult a lawyer first. MMLAW is not liable for decisions made using this information or for their consequences. ## Related topics - [#Criminal law](https://mmlaw.ge/en/criminal-defense-lawyer/) - [#Your rights](https://mmlaw.ge/en/blog/what-to-do-if-detained/) - [#Court cases](https://mmlaw.ge/en/civil-litigation-lawyer/) - - [Criminal defence lawyer](https://mmlaw.ge/en/criminal-defense-lawyer/) - - [Bail or pre-trial detention in Georgia: how courts decide](https://mmlaw.ge/en/blog/bail-and-pretrial-detention-georgia/) - - [Victims of financial crime](https://mmlaw.ge/en/financial-crime-victims/) - - [Jury trial lawyer](https://mmlaw.ge/en/jury-trial-lawyer-georgia/) - - [Summoned as a witness in Georgia?](https://mmlaw.ge/en/witness-rights-georgia/) - - [Lawyer for crime victims](https://mmlaw.ge/en/crime-victim-lawyer-georgia/) - - [Appealing a criminal judgment](https://mmlaw.ge/en/criminal-appeal-georgia/) - - [Diversion](https://mmlaw.ge/en/diversion-georgia/) Practice areas ## Other practice areas - [Criminal defense](https://mmlaw.ge/en/criminal-defense-lawyer/) — Defense at every stage — from investigation and arrest to trial and appeal. - [Drug offences](https://mmlaw.ge/en/drug-crime-lawyer/) — Defence in cases of buying, possessing, selling and importing drugs — and against fines and administrative detention. - [Cybercrime](https://mmlaw.ge/en/cybercrime-lawyer/) — Defense in cybercrime cases and help for victims of online fraud, hacked accounts and blackmail. - [Property crimes](https://mmlaw.ge/en/property-crime-lawyer/) — Defence in theft, robbery, fraud, extortion, embezzlement and misappropriation cases. - [Economic crimes](https://mmlaw.ge/en/economic-crime-lawyer/) — Defence against tax evasion, money laundering, customs and other economic charges. - [Corruption and official crimes](https://mmlaw.ge/en/corruption-crime-lawyer/) — Defence in bribery, trading in influence and abuse of official power cases. - [Violent crimes](https://mmlaw.ge/en/violent-crime-lawyer/) — Defence in assault, bodily injury, threats and homicide cases — including self-defence. - [Juvenile justice](https://mmlaw.ge/en/juvenile-justice-lawyer/) — Specialised representation of minors, focused on their rights and future. - [Civil litigation](https://mmlaw.ge/en/civil-litigation-lawyer/) — Contract, property and damages disputes — negotiated or argued in court. - [Administrative law](https://mmlaw.ge/en/administrative-law-lawyer/) — Challenging decisions of public bodies, fines, permits and licences. - [Customs](https://mmlaw.ge/en/customs-lawyer-georgia/) — Clearing parcels and cars, appealing customs fines, disputes over customs value and importing commercial goods. - [Labor disputes](https://mmlaw.ge/en/employment-lawyer/) — Unlawful dismissal, unpaid wages and employment contracts — for employees and employers. - [Corporate law](https://mmlaw.ge/en/corporate-lawyer/) — Company formation, contracts, compliance and shareholder matters. - [Real estate](https://mmlaw.ge/en/real-estate-lawyer/) — Due diligence, purchase agreements, registration and property disputes. - [Family law](https://mmlaw.ge/en/family-lawyer/) — Divorce, custody, alimony and division of property — handled with discretion. - [Inheritance](https://mmlaw.ge/en/inheritance-lawyer/) — Accepting an inheritance, the certificate of inheritance, wills and disputes between heirs. - [Intellectual property](https://mmlaw.ge/en/intellectual-property-lawyer/) — Trademarks, copyright and protection of your creative and business assets. --- Source: https://mmlaw.ge/en/newly-discovered-circumstances/ · MMLAW · +995 551 00 43 00 · info@mmlaw.ge