Main tasks and practical skills
- The determination of the right to protest under the Cassation review II procedure subject to Article 293 of the CrPC. Noting that only the Chief Procurator of the Supreme People’s Procuracy has the right to protest on the basis of a new trial procedure.
- For the fresh evidence of the case to be considered as a ground for the protest under the retrial procedure, the Chief Procurator of the Procuracy who has the right to protest shall issue a decision on verification. Only when the verification results show such evidence is actually newly-discovered and it may fundamentally affect the contents of the legally enforceable judgment or decision of the Court does the Director of the Procuracy lodge a protest.
- When being assigned to assist a person authorised to protest on the basis of the new trial procedure, the Judge, in addition to understanding the tasks and practical skills as mentioned in the above dot points, needs to study the provisions of Articles 294 and 295 of the CrPC, in order to consider the protest and make a decision on such protest.
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