The appellate trial shall be opened and commenced in the same way as the trial of first instance. At the appellate trial, the Trial Panel shall consider only the parts of the decision or judgment of first instance which are being appealed or protested. The Trial Panel must consider issuing one of the following proceeding decisions:
- Decision on temporary suspension of the appellate hearing;
- Decision on suspension of the appellate hearing;
- Decision on adjournment of the appellate trial or continuing to proceed the appellate trial;
- Rendering the appellate judgment and decisions.
Main tasks and practical skills:
- Before the interrogation at the appellate trial, a member of the Trial Panel (often the presiding Judge) should address a brief presentation of the contents of the case, the decisions of the judgment of first instance and the contents of the appeal or protest.
- The Judge should ask whether the plaintiff wants to withdraw the petition for initiation of a legal action, whether the appellant or protesting Procuracy wants to change, add or withdraw the appeal or protest, or whether the litigants have reach an agreement.
- Where the plaintiff withdraws the petition for initiation of a legal action, the Judge shall follow Article 269 of the CPC.
- Where the parties reach an agreement on the resolution of the case, the Trial Panel shall render an appellate judgment to correct the judgment of first instance and recognize the agreement of the litigants (Article 270 of the CPC).
- Where the litigants or the Procuracy maintains the appeal or protest, the trial shall proceed in accordance with Articles 271, 272, 273 and 274 of the CPC.
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