download

(2) The court of second instance is required to deliver its decision and the files to thecourt of first instance within a time limit of four months, a where the defendant is indetention, within a time limit of three months from the date of receipt of the files from thatcourt.Article 394(1) The court of first instance to which a case has been referred for trial shall proceed onthe basis of the earlier indictment. Where the judgement of the court of first instance wasset aside in part, the court of first instance shall proceed on the basis of that part of thecharges relating to the part of the judgement which was set aside.(2) The parties may present new facts and adduce new evidence at the trial.(3) The court of first instance is required to conduct all procedural actions and examineall contentious issues pointed out by the court of second instance in its decision.(4) In rendering a new judgement, the court of first instance is bound by the prohibitionprescribed in Article 382 of this Code.(5) If the defendant is in detention, the chamber of the court of first instance is requiredto proceed in accordance with Article 146 paragraph 2 of this Code.2. Appeals against judgements of courts of second instanceArticle 395(1) Appeals against judgements of courts of second instance may be filed with courtswhich decide in the third instance only in the cases where the court of second instancereverses a first-instance judgement acquitting the defendant and pronounces ajudgement convicting the defendant.(2) Appeals against judgements of courts of second instance are decided by courts ofthird instance at sessions of the chamber, pursuant to provisions applicable to secondinstanceproceedings. No hearings may be held before courts of third instance.(3) The provisions of Article 384 of this Code shall be applied to co-defendants who werenot entitled to appeal against second-instance judgements.Articles 396 and 397(Erased)4. Appeals against rulingsArticle 398