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Article 406(1) If a request for conducting an investigation was dismissed because there was norequest by an authorised prosecutor or a motion by an aggrieved party for prosecution orthe necessary authorisation issued by a public authority, or where there existed othercircumstances temporarily precluding prosecution, or criminal proceedings werediscontinued by a final ruling or the indictment was dismissed for the same reasons(Article 349), the proceedings shall resume at the request of the authorised prosecutoras soon as the reasons for rendering the aforesaid decisions cease to exist.(2) Where an indictment was dismissed by a final ruling (Article 349) owing to a lack ofmaterial jurisdiction of the court, the proceedings shall continue before a court with therequisite material jurisdiction at the request of the authorised prosecutor.(3) If in connection with a request by an authorised prosecutor for conducting aninvestigation a court rendered a final ruling determining that an investigation was notneeded because there did not exist reasonable suspicion that the suspect hadcommitted the criminal offence, criminal proceedings may be instituted at the request ofan authorised prosecutor where new evidence is submitted which did not exist at thetime the earlier request was submitted or which the authorised prosecutor was not awareof at the time, on the basis of which the chamber (Article 24 paragraph 6) shalldetermine fulfilment of the necessary requirements for conducting criminal proceedings.Article 407(1) Criminal proceedings concluded by a final judgement may be reopened only to thebenefit of the accused person, as follows:1) where the judgement was based on a fraudulent document or falsetestimony of a witness, expert witnesses or interpreter;2) where the judgement resulted from a criminal offence committed by ajudge, lay judge or a person who had conducted investigatory actions;3) where new facts are presented and new evidence adduced which on theirown or in connection with earlier evidence may lead to the acquittal of theperson who was convicted or to that person’s conviction pursuant to a morelenient criminal law;4) where a person was tried more than once in connection with the samecriminal offence or where more than one person was convicted of the samecriminal offence which could have been committed by only one person, or bysome of the persons convicted, but not by all;5) if in the case of a conviction for an extended criminal offence, or othercriminal offence which under the law includes several acts of the same type orseveral acts of a different type, new facts are presented or new evidenceadduced which indicate that the convicted person had not committed theaction included by the offence in the conviction, and the existence of those