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(2) If the court does not dismiss the motion, it shall deliver a copy of the motion to theopposing party, which is entitled to submit a response within eight days. When the courtreceives a response to the motion or the time limit expires, the president of the chambershall order an inquiry into the facts and collection of evidence cited in the motion and inthe response to the motion.(3) Following the inquiries, in case of criminal offences prosecutable ex officio, thepresident of the chamber shall order the file delivered to the public prosecutor, who shallwithout delay, and within not more than one month, return it with his opinion.Article 411(1) After the public prosecutor returns the file, the court shall, unles it orders amendedinquiries, based on the results of the inquiries either approve the motion and allowreopening of criminal proceedings, or deny the motion.(2) If the court finds that the reasons for which it allowed reopening of proceedings existin respect of one or more co-defendants who had not submitted motions to reopenproceedings, it shall proceed ex officio as if such a motion existed.(3) In the ruling allowing reopening of criminal proceedings, the court shall order a newtrial scheduled immediately, or return of the matter to the investigation stage, or orderthe conduct of a new investigation, if there one had not been conducted.(4) If the court finds in view of the evidence presented that in a new trial the convictedperson could be convicted to a new penalty of such a duration that including timealready served he would have to be released, or that the defendant could be acquitted,or that the charges could be denied, it shall order the execution of the judgementsuspended or discontinuied.(5) When the ruling allowing reopening of criminal proceedings becomes final, theexecution of the penalty shall be discontinued, but on a motion by the public prosecutorthe court shall order detention, if the requirements referred to in Article 142 of this Codeexist.Article 412(1) The provisions of this Code which applied to the intiail proceedings shall applyaccoridngly to the new proceedings, conducted on the basis of the ruling allowing thereopening of criminal proceedings. In the new proceedings the court is not bound byrulings issued in the initial proceedings.(2) If the new proceedings are discontinued by the commencement of the trial, the courtshall by its ruling discontinuing the proceedings also overturn the earlier judgement.(3) When it renders a judgement in the new proceedings, the court shall declare that theearlier judgement is partially or entirely set aside or that it shall remain in force. The newsentence shall include time served under the intitial penalty, and if the case had beenreopened only in connection with one or more of the offences of which the defendant