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2) where a judge or lay judge who should have been disqualified took part inthe trial (Article 40 items 1) to 5));3) where the trial was held in absence of a person whose presence at the trialwas mandatory under the law or where the defendant, defence counsel,subsidiary prosecutor or private prosecutor were, contrary to their request,denied the right to use their language at the trial and to follow the course ofthe trial in their language (Article 9);4) if the public was excluded from the trial, in contravention of this Code;5) If the court violated provisions of criminal procedure related to the existenceof charges by authorised prosecutors or the existence of motions of aggrievedpersons, or approvals of competent authorities;6) where a judgement was rendered by a court not authorised to adjudicatethe matter owing to lack of material jurisdiction or where a court improperlydismissed the charges due to a lack of material jurisdiction;7) where by its judgement the court failed to fully resolve the object of theindictment;8) where the charges were exceeded (Article 351 paragraph 1);9) where the judgement violated the provision of Article 382 of this Code;10) where the judgement is based on evidence on which pursuant to theprovisions of this Code it cannot be based;11) where the ordering part of the judgement is incomprehensible, contradictsitself or the reasons of the judgement, or if the judgement lacks reasons orfails to state the reasons on decisive facts or the reasons are completelyunclear or substantially contradictory, or where there exists substantialcontradiction in respect of decisive facts between what is given in the reasonsof the judgement on the contents of documents or records of testimony givenin the proceedings and those documents or records themselves.(2) Substantive violations of the provisions of criminal procedure also exist where thecourt during preparations for the trial or during the trial, or during the rendering of thejudgement, failed to apply or applied incorrectly any provision of this Code, or violatedthe rights of the defence at the trial, and that affected or could have affected the lawfuland proper rendering of the judgement.Article 369Violations of the Criminal Code exist where the Criminal Code was violated in respect of:1) whether the offence for which the defendant is being prosecuted is a criminal offence;