download

(3) Where the defendant is in detention, the president of the chamber of the court ofsecond instance shall take necessary steps to bring the defendant to the hearing.(4) Where a subsidiary prosecutor or private prosecutor fails to appear at a hearingbefore a court of second instance, the provisions of Article 303 paragraph 2 of this Codeshall not be applied.(5) By exception from paragraph 1 of this Article, hearings before a court of secondinstance must be held where a judgement was set aside once in the same criminal case.Article 378(1) Hearings before courts of second instance shall commence with a report by thereporting judge, who shall present the facts without giving any opinions on the merits ofthe appeal.(2) On a motion or ex officio, the entire judgement or its part to which the appeal refersshall be read out, and if needed also the trial record.(3) The appellant shall then be called to substantiate the appeal, and the opposing partyto make a response. The defendant and his defence counsel shall always be the last tospeak.(4) The parties may present new evidence and facts at the hearing.(5) The prosecutor may, in view of the results of the hearing, abandon the indictment infull or in part or revise the indictment in favour of the defendant. Where the publicprosecutor drops the charges in their entirety, the aggrieved is entitled to the rightsreferred to in Article 62 of this Code.Article 379Unless specified otherwise in the preceding Articles, provisions on the trial before a courtof first instance shall apply accordingly to proceedings before a court of second instance.d) Scope of appellate reviewArticle 380(1) The court of second instance shall review the part of the judgement challenged bythe appeal, but is always required to examine, ex officio:1) whether there exists a violation of the provisions of criminal procedurereferred to in Article 368 paragraph 1 items 1), 5), 6), 8) to 11) of this Codeand whether the trial, in contravention of provisions of this Code, was held inthe absence of the defendant, and, in the case of mandatory defence, in theabsence of a defence counsel of the defendant;