After his judgment of conviction is final, the defendant has the right to petition for the Retrial in Taiwan if the facts in the judgment were wrongly decided because of several specific grounds. Although the Code of Criminal Procedure (CCP) provides that newly discovered evidence is one of the grounds, the Supreme Court has limited its scope to a very narrowly drawn area. The CCP is also unclear about the burden of proof in the Retrial procedure. Unfortunately, the Supreme Court imposes a very heavy burden on the petitioners, the convicted defendants. In addition, when a convicted defendant petitions for the Retrial, the CCP does not requires a hearing in any circumstances. In many cases, the petition of Retrial is dismissed without a hearing. The paper firstly analyzes Taiwan Supreme Court’s decisions regarding the scope of newly discovered evidence, burden of proof, and hearing procedure. For comparison, the paper then introduces the American laws and cases regarding these relevant issues. The paper discusses with details whether the third party’s confession, witness’s recantation, and the DNA test could be the grounds for Retrial. Borrowing the American theories and experiences, the paper reexamines Taiwan’s provisions in the CCP and Supreme Court’s decisions relevant to the Retrial procedure. In the end, this paper makes several proposals and intends to reform the current the Retrial procedure in order to prevent more innocent people from being wrongly convicted without a just remedy.