If any one of the following circumstances arises after a guilty ruling is finalized, a motion for retrial may be filed for the benefit of the person convicted:
1. The evidence on which the original judgment was based has been proven to be falsified or fabricated.
2. The testimony, appraisal or interpretation on which the original judgment was based, has been proven to be false.
3. The person convicted of a guilty ruling was found to be falsely accused.
4. The judgment made by a general court or a special court, on which the original judgment was based, has been changed and the changed judgment is final.
5. The judge who participated in the original judgment, or prior judgment, or investigation before the judgment, or the prosecutor who participated in the investigation or the prosecution, or the prosecuting investigator, judicial police officer, or the judicial police who participated in the criminal investigation, has been found to have committed job-related offenses in relation to the case, or has been disciplined due to illegal malfeasance in regards to the case that was significant enough to affect the original judgment.
6. Due to a discovery of new facts or new evidence that is sufficient, either by itself or when combined with previous evidence, it is determined that the convicted person should be acquitted, exempt-from-prosecution, remitted the criminal sanction, or sentenced in line with an offense less serious than the one of the original judgment.
A motion for retrial can be filed for cases having new proof, as described in subparagraph 1 through subparagraph 3 and subparagraph 5 of the preceding paragraph, and the cases are limited to where the judgment is final and binding, or where criminal procedure cannot be commenced or continued not for lack of evidence.
The new facts or new evidence, as described in Paragraph 1 Subparagraph 6, refer to facts or evidence that existed, or were established, but were not investigated in time before the final judgment is decided, or facts and evidence that only come to light or become established after the final judgment is decided.

(Motion for Retrial for Interests of the Convicted (II))
Expect stipulated in the previous article, once a guilty judgment in the second instance is final, if the failed to consider of material evidence may affect the judgment, a motion for retrial may be filed against cases which may not appeal the court of third instance.

(Motion for Retrial against Interests of the Convicted)
Once judgment of guilty, not guilty, exempt from prosecution, or case dismissed is final, a motion for retrial can be filed contrary to the interest of the convicted under the following circumstances:
1. Where there are situations as specified in subparagraph 1, 2, 4 or 5 of Article 420;
2. For a person receiving a judgment of not guilty, or punishment lighter than the offense he/she commits, if through the person's confession during or outside the litigation procedure or through the discovery of new evidence, it is sufficient to render a judgment of guilty and heavier punishments;
3. Where a person is exempt from prosecution or dismissed from the suit, if through such person’s statement during or outside the litigation procedure or through the discovery of new evidence, it is sufficient to hold that there is no ground to exempt his/her original judgment.

(Period of Motion for Retrial (I))
The motion of retrial may be filed after the punishment has been completed; it may also be filed if the punishment or during the time punishment is not being executed.

(Period of Motion for Retrial (II))
Motion for retrial due to the failed to consider of material evidence pursuant to Article 421 may be filed within 20 days since the judgment is served.

(Period of Motion for Retrial (III))
Once the judgment if final, if more than one-half of the period specified in Paragraph 1 of Article 80 of the Criminal Code has lapsed, a motion for retrial against interests of the convicted may not be filed.

The trial court that made a judgment has jurisdiction over the petition for retrial against the said judgment.
Where some parts of the judgment have been appealed and others have not, the court of second instance has jurisdiction over a motion for retrial on any parts of the judgment, if the court of second instance pronounces a ruling that a retrial shall be rendered for the parts that have been final in the appellate trial. The court of second instance also has jurisdiction over the motion for retrial of that part of the judgment which has become final in the court of first instance. Once a judgment is final in the third instance, the court of second instance has the jurisdiction over a motion for retrial on such a judgment, unless the judges in the court of third instance have situations specified in Subparagraph 5, Paragraph 1, of Article 420.

(Right to File a Motion for Retrial (I) – for Interests of the Convicted)
Motion for retrial for interests of the convicted may be filed by the following persons:
1. A prosecutor in the competent court;
2. The convicted;
3. The statutory agent or spouse of the convicted;
4. The spouse, lineal blood relatives, collateral blood relatives, relatives by marriage within the second degree of relationship, family head or family members of the convicted, where the convicted is deceased.

(Right to File a Motion for Retrial (II) – against Interests of the Convicted)
A prosecutor of the competent court or a private prosecutor may file a motion for retrial against interests of the convicted; provided that a private prosecutor may only file such a motion in circumstances under Subparagraph 1 of Article 422.
Where a private prosecutor loses the legal capacity or dies, a person has the right to file a private prosecution pursuant to Paragraph 1 of Article 319 may file a motion in the preceding paragraph.

A petition for retrial shall be filed by submitting to the court with jurisdiction a pleading for retrial setting forth the reasons, accompanied by copies of the original judgment and evidence. Where there exists justifiable cause for not being able to submit the copies of the original judgment, such a fact may be stated in the pleading, which may contain a request for the court to retrieve copies of the said original judgment.

An attorney may be retained to serve as agent for filing a petition for retrial.
To fulfill the preceding paragraph, a power of attorney should be submitted to the court and provisions of Articles 28 and 32 shall apply mutatis mutandis.
Provision of Article 33 shall apply mutatis mutandis to the filing of a petition for retrial.

For a petition for retrial, unless it is manifestly unnecessary, a notice should be made to the petitioner and his/her agent to be present at the court hearing so that they have an opportunity to be aware of the opinions expressed by the prosecutor and the convicted. The preceding provision shall not apply where the said petitioner or his/her agent fails to appear before the court without justifiable causes or has expressed his/her unwillingness to appear before the court.

A petition for retrial may be accompanied by a motion for the examination of evidence, stating the reasons for such a motion, which the court should allow if it deems it necessary. The court, for the purpose of making a decision on whether the petition for retrial is with good reasons, may sua sponte examine the evidence.

(Effect of the Motion for Retrial)
A motion of retrial does not suspend the execution of punishment; provided that a prosecutor of the competent court may order a suspension before the ruling on the motion.

(Withdraw a Motion for Retrial and its Effect)
A motion for retrial may be withdrawn before the retrial judgment.
A person who withdraws a motion for retrial may not use the same reason to file a motion for retrial.

(Apply mutatis mutandis Articles regarding Appeal Withdrawal)
Articles 358 and 360 shall apply mutatis mutandis to a motion for retrial or withdrawal.

The court, upon finding a defect exists with respect to a petition for retrial in compliance with statutory procedures, shall overrule the said petition by a ruling. Where the defect in complying with statutory procedures is amendable, the court shall order an amendment to be made within a prescribed period of time before overruling the petition.

The court, upon finding a petition for retrial to be without merits, shall overrule the said petition by a ruling.
A petitioner or a person who is covered by the ruling who disagrees with the ruling that overrules the petition for retrial may file an interlocutory appeal within ten days after the service of the said ruling.
After a ruling in accordance with the preceding paragraph is made, a further petition for retrial may not be filed based on identical reasons.

(Ruling for a Meritorious Motion – Ruling for Retrial)
The court shall pronounce a ruling for retrial if the motion is meritorious.
The court may rule to suspend the punishment after the ruling in the preceding paragraph.
An interlocutory appeal may be filed against the ruling in Paragraph 1 within 3 days.

(Retrial)
The court shall set a case for trial on regular procedure if the ruling for retrial is final.

(Exceptions to Oral Hearing (IV))
Where a convicted dies, a motion for retrial for interests of the convicted may be judged without oral argument, after the prosecutor or private prosecutor express his/her opinion in writing. Where a private prosecutor loses legal capacity or dies, a person who may undertake the litigation pursuant to Article 332 may file a motion to the court to undertake the litigation in 1 month; if no one undertakes the litigation or such period lapses, the court may immediately give a judgment on the case or notify the prosecutor to express the opinion.
Where a convicted dies before the retrial, a motion for retrial for interests of the convicted shall apply mutatis mutandis the preceding paragraph.
Judgments in the preceding two paragraphs may not be appealed.

(End of Retrial)
A motion for retrial against interests of the convicted and such motion and ruling will lose the effect be invalid if the convicted dies before the judgment of retrial.

(Principle of the Prohibiting Alteration for Interests (II))
Where a motion for retrial filed for interests of the convicted and a judgment of guilty is pronounced, the court may not pronounce a sentence heavier than the one in the original judgment.

(Publication of a Not Guilty Judgment in the Retrial)
Where a motion for retrial for interests of the convicted is pronounced a judgment of not guilty, the court shall publish the judgment in public journals or other newspapers.