Art. 857 Effect of granting new trial

When a judge grants a new trial, it wipes out the old verdict or judgment completely. It's as if the first trial never happened.

Both sides get a fresh start. The case goes back to square one, and neither the prosecution nor the defense is locked into anything that happened during the first trial. This means the state can present its case again, and the defendant can defend themselves again, without being held back or helped by what occurred the first time around.

The goal is fairness. Since something went wrong enough to justify a new trial, the law makes sure neither side is stuck at a disadvantage because of the earlier trial. Everyone goes into the new trial on equal footing, just like the case is being heard for the very first time.