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4) where after a judgement becomes final circumstances appear which did notexist when the judgement was being pronounced, or the court was not awareof them although they had existed, and they would clearly have led to a lighterpenalty.(2) In the case referred to in item 1) of paragraph 1 of this Article, the court shall render anew judgement reversing the earlier judgements, or rulings on punishment, in respect ofthe decisions on sanctions, and pronounce an aggregate sentence. The court of firstinstance which adjudicated the matter in which the harshest type of penalty waspronounced has the jurisdiction for rendering a new judgement, and where the penaltieswere of the same type – the court which had pronounced the harshest penalty, andwhere the penalties are equal – the last court to impose a penalty.(3) In the case referred to in item 2) of paragraph 1 of this Article, the court which had inpronouncing an aggregate penalty wrongly taken into account a penalty already includedin an earlier judgement or ruling on punishment shall reverse its judgement or ruling on asanction.(4) In the case referred to in item 3) of paragraph 1 of this Article, the court whichadjudicated the case in the first instance shall reverse its earlier judgement in respect ofthe penalty and pronounce a new penalty, or determine how much of the penaltyimposed earlier shall be executed.(5) In the case referred to in item 4) of paragraph 1 of this Article, the court whichadjudicated the case in the first instance shall reverse its earlier judgement in respect ofthe decision on the penalty and pronounce a new penalty.(6) A new judgement shall be rendered at a session of the chamber on a motion of thepublic prosecutor or the convicted person, and after hearing the opposing parties.(7) If in the case referred to in items 1) and 2) of paragraph 1 of this Article, judgementsor rulings on sanctions issued by other courts were taken into account in pronouncing apenalty, certified of copies of the new final judgement shall be delivered to those courts.Article 405a(1) Final judgements may be reversed even without repeating the criminal proceedingspursuant to Article 504ć paragraph 3 of this Code.(2) A motion for reversing a final judgement without repeating the proceedings shall besubmitted by the public prosecutor within one month of the date when a convictingjudgement referred to in Article 504ć paragraph 3 of this Code becomes final.(3) The court which adjudicated in the first instance the case of the person referred to inArticle 504ć paragraph 1 of this Code shall have jurisdiction for rendering a newjudgement.(4) If the court finds that the requirements referred to in Article 504ć paragraph 3 of thisCode have been fulfilled, it shall reduce the pronounced measure by at least one-half.

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