Main tasks and practical skills
- Jurisdiction to conduct cassation review and composition of the Cassation Review Panel are provided in Articles 279 and 281 of the CrPC.
- Noting that the new provision in Item 4 of Article 279 of the CrPC states, “Where legally enforceable judgments or decisions of the same criminal case which fall under cassation review jurisdiction of different courts, as stipulated in Items 1, 2 and 3 of this Article (Article 279 of the CrPC), the highest court shall have cassation review jurisdiction over the whole case”.
- For example: A court in District X issues a judgment of first instance in a case of 5 accused. Only 2 accused appeal and the People’s Court of Province T decides to confirm the judgment at first instance. In this case, the judgment at first instance of the court of District X has taken legal effect for the 3 accused who have not appealed, or protested upon expiry of the time limit for appeals or protests. The appellate judgment takes legal effect on the other 2 accused on pronouncement of the judgment. Discovering the two judgments contain serious breaches of the Penal Code, the Chief Justice of the SPC protests against the judgments under the cassation review procedure. Subject to Item 1 of Article 279 of the CrPC, cassation review jurisdiction over the legally enforceable part of the judgment of first instance shall belong to the Judicial Committee of the People’s Court of Province T. Pursuant to Item 2 of Article 279 of the CrPC, cassation review jurisdiction over the appellate judgment shall belong to the Criminal Court of the SPC. Nevertheless, as provided in Item 4 of Article 279 of the CrPC, the Criminal Court of the SPC has cassation review jurisdiction over the whole case.
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