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(2) If the court of second instance in reviewing an appeal determines that it has materialjurisdiction to adjudicate the case in the first instance, it shall set aside the first-instancejudgement, refer the case to a chamber of the same court and notify the court of firstinstance thereof.(3) If only an appeal to the benefit of the defendant has been filed, and it is determinedthat a higher court is competent to adjudicate in the first instance, the first-instancejudgement may not be set aside for that reason alone.Article 391(1) The court of second instance shall by accepting the appeal or ex officio by a rulingreverse the first-instance judgement if it determines that the decisive facts in the firstinstancejudgement had been determined correctly and that in respect of the finding offacts, and by the correct application of the law, a different judgement should berendered, and according to the state of the matter also in the case of the violationsreferred to in Article 368 paragraph 1 items 5), 8) and 9) of this Code.(2) If the court of second instance finds that statutory reasons exist to pronounce ajudicial admonition, it shall reverse the first-instance judgement by a ruling andpronounce a judicial admonition.(3) If due to the reversal of the first-instance judgement the conditions are fulfilled toorder or repeal detention pursuant to Article 142 paragraph 1 item 6) and Article 358paragraph 2 of this Code, the court of second instance shall issue a separate ruling onthat matter which is not appealable.Article 392(1) In its statements of reasons for its judgements or rulings, the court of secondinstance shall evaluate all the merits of the appeals and specify the violations of the lawit took into account ex officio.(2) Where a first-instance judgement is being set aside due to substantive violations ofcriminal procedure provisions, the statement of reasons shall specify the provisionsviolated and how they were violated (Article 368).(3) Where a first-instance judgement is being set aside due to incorrect or incompletefinding of facts, the shortcomings in determining the facts shall be specified, as shall bestated why new evidence and facts are important and of influence for rendering a correctdecision, and omissions of the parties which affected the decision of the court of firstinstance may also be pointed out.Article 393(1) The court of second instance shall return all files to the court of first instance, with asufficient number of certified copies of its decision, for the purpose of delivery to partiesand other interested persons.