Main tasks and practical skills:
- Participants in the trial of cassation review:
- The trial of cassation review shall have a presiding Judge, and a Court Clerk who records the minutes of the trial and members of the Trial Panel as provided in Item 3 of Article 54 of the CPC ;
- Every trial of cassation review must be attended by a representative of the People’s Procuracy of the same level. Persons participating in the proceedings may be summoned to the trial of cassation review if necessary.
- The Court may summon «other persons» to the trial of cassation review. «Other persons» may be who are not the litigants but have rights and obligations related to the protested matters. The section assisting the protestant is often summoned because the protest has become a object being studied by the Trial of Cassation review, documents and evidence which substantiate the protest must be explained when the Trial Panel finds it necessary.
- A trial of cassation review shall be conducted as follows:
- Opening the trial and presenting a prepared summary of the contents of the case (Item 1 of Article 295 of the CPC), including : the presiding Judge opens the trial, a member of the Cassation review Panel shall address a presentation on the case and representative of the Procuracy shall present their opinion on the decision on protest;
- Where the Court summons a person participating in proceedings or another person to attend the cassation review trial, that person shall be allowed to present views on the decision on protest. The representative of the Procuracy shall present their opinion on the decision on protest;
- Members of the Cassation Review Panel shall confer and present their opinion about the resolution of the case (Item 3 of Article 295 of the CPC). After that, representative of the Procuracy shall present their opinion on resolution of the case;
- The Cassation Review Panel shall vote on resolution of the case (Item 4 of Article 295 of the CPC).
+ Any decision on resolution of the case shall require more than fifty per cent of the total votes of the members (of the Judicial Committee or Judicial Council, not the members present) in favour.
+ Order of voting shall be approval, disapproval of the protest and other opinions. Where no positive vote by a majority of the members is obtained, the trial shall be adjourned. Within a period of thirty days from the date on which the decision to adjourn the hearing is made, the Judges' Committee or the Judicial Council must conduct again the trial with the participation of all members.
+ A Cassation Review Panel consisting of three Judges shall vote by majority.
- A trial of cassation review does not include a separate period for deliberation. Representative of the Procuracy is entitled to be present at the trial even when the Cassation Review Panel discusses and vote. Persons who are litigants or who do not belong to the section in charge of assisting the protestant or assisting the Cassation Review Panel shall only be entitle to present their opinions at the trial during Period 1 and Period 2 (Opening the trial, gathering, verifying and considering evidence at the trial).
- The cassation review decision must be sent to the persons and bodies as provided in Article 303 of the CPC within five days from the date of issuance of the decision. Form and contents of the decision is provided in Article 301 of the CPC (in similarity with the Judgment).
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