When reviewing a decision of the Court of first instance which is being appealed or protested, the Trial Panel shall not have to open a trial or summon the litigants to court, except under necessary cases.
The Trial Panel shall have the right to:
- retain the decision of the Court of first instance;
- correct the decision of the Court of first instance;
- rescind the decision of the Court of first instance and transfer the case file to the Court of first instance for it to continue the resolution of the case.
Main tasks and practical skills:
- The Appellate Panel must notify the Procuracy of the same level and request them to attend the appellate meeting which considers the decision of the Court of first instance which is being appealed or protested.
- In every case, the Procurator of the Procuracy of the same level shall have to attend the appellate meeting which considers the decision of the Court of first instance which is being appealed or protested.
- The Court of Appeal must establish an Appellate Panel consisting of three Judges to consider and resolve the appeal or protest against the decision of the Court of first instance.
- After the rendering of the appellate decision, the Court of Appeal must forward the decision to the persons as provided in Article 281 of the CPC.
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