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of time. If the appellant fails to do so, the court shall dismiss an appeal which does notcontain the data referred to in items 3) and 5) of paragraph 1 of this Article, and shalldismiss an appeal not containing the data referred to in item 1) of paragraph 1 of thisArticle only if it cannot be established to which judgement it refers. Appeals in favour ofthe defendant shall be referred by the court to a second-instance court if it can beestablished to which judgements they relate, and shall be dismissed if it cannot be soestablished.(3) Where an appeal was filed by the aggrieved, a subsidiary prosecutor or privateprosecutor with a proxy or the public prosecutor, and the appeal does not contain thedata referred to in items 2), 3) and 5) of paragraph 1 of this Article or where the appealdoes not contain the datum referred to in item 1) of paragraph 1 of this Article, and itcannot be established to which judgement it relates, the court shall dismiss the appeal.Appeals with these shortcomings filed in favour of the defendant who has a defencecounsel shall be referred by the court to a second-instance court if it can be establishedto which judgement they relate, and dismissed if it cannot be so established.(4) New facts and new evidence may be presented in appeals, but the appellant isrequired to state the reasons for not presenting them earlier. In citing new facts, theappellant is required to specify the evidence which would provide proof for those facts,and in citing new evidence, the appellant is required to specify the facts he is attemptingto prove with the assistance of that evidence.v) Grounds for challenging judgementsArticle 367Judgements may be challenged on the following grounds:1) substantive violations of the provisions of criminal procedure;2) violations of the Criminal Code;3) incorrect or incomplete establishment of facts;4) the decision on criminal sanctions, the decision on confiscation of proceeds fromcrime, the decision on the costs of the criminal proceedings and the decision onindemnification claims.Article 368(1) Substantive violations of the provisions of criminal procedure shall exist in thefollowing cases:1) where the court was not composed in accordance to the Law or where ajudge or lay judge who did not participate in the trial or who was disqualified bya final decision participated in rendering a judgment;