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facts would have led to the application of a more lenient law or would havesignificantly influenced the admeasurement of the penalty.(2) In the cases referred to in items 1) and 2) of paragraph 1 of this Article it must beproven by a final judgement that the aforesaid persons have been pronounced guilty ofthe commission of the aforesaid criminal offences. Where proceedings against thosepersons cannot be conducted because of their death or the existence of othercircumstances which preclude their prosecution, the facts referred to in items 1) and 2)of paragraph 1 of this Article may also be determined by other evidence.Article 408(1) Motions for reopening criminal proceedings may be submitted by the parties anddefence counsel, and following the death of the convicted person they may be submittedby the public prosecutor and persons referred to in Article 364 paragraph 2 of this Code.(2) Motions for reopening criminal proceedings may also be submitted after theconvicted person has served his sentence, and irrespective of a lapse of the statutorylimit for prosecution, amnesties or pardons.(3) Where the court which would have the jurisdiction for deciding on the reopening ofcriminal proceedings (Article 409) learns about the existence of reasons to reopencriminal proceedings, it shall notify thereof the convicted person, or the personauthorised to submit motions on behalf of the convicted person.Article 409(1) The chamber (Article 24 paragraph 6) of the court which adjudicated in the firstinstance in the initial proceedings shall rule on motions to reopen criminal proceedings.(2) The motion shall state the legal grounds for reopening the case and which evidencesubstantiates the facts on which the motion is founded. Where a motion does not containthese data, the court shall call on the person who submitted the motion to amend itwithin a specified tike limit.(3) In dediding on the motion, if possible a judge who participated in rendering thejudgement in the previous proceedings shall not be included in the chamber.Article 410(1) The Court shall dismiss the motion by a ruling if it determines on the basis of themotion and the files of the previous proceedings that the motion was submitted by aperson without the necessary authority, or that the legal requirements for reopening theproceedings do not exist, or that the facts and evidence on which the motion is basedhad already been presented in an earlier motion to reopen the proceedings denied by afinal ruling of the court, or that the facts and evidence are obviously not adequate forallowing the proceedings to be reopened, or that the person who submitted the motionfailed to act pursuant to Article 409 paragraph 2 of this Code.