Main tasks and practical skills:
- In principle, the Judge should study completely the contents of the case file and the applicable procedures. By studying the case file, the Judge shall only prepare an interrogation plan for the contents of the appeal or protest if the Judge finds it unnecessary to consider the other contents of the judgment which are not appealed or protested.
- Method of studying a case file may vary depending on each case and each judge’s skills. It is often conducted as follows:
- The Judge should study the appeal or protest to determine the subject of the appeal or protest;
- The Judge should study the judgment and decision of first instance which is appealed or protested;
- The Judge should study relevant documents and evidence which is necessary for considering the appeal or protest;
- The Judge should consider whether it is necessary to study the other parts of the judgment or decision of first instance which are not appealed or protested;
- The Judge should take notes of any evidence that can be used for accepting or denying the appeal or protest (The Judge should write it down in the book of records for a quick search);
- Pursuant to Item 1 of Article 207 and Article 247 of the CrPC, the Judge should have a detailed and specific interrogation plan.
- During the preparation for appellate hearing, if the appellant and the protesting Procuracy request the withdrawal of the entire appeal or protest, the Judge shall issue a decision on suspension of the appellate hearing. The decision must be in accordance with Form 02a (promulgated with Resolution No. 05/2005).
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