Upon setting aside the judgment of the court below and remanding the case for reconsideration, the court of second instance may order the case to be heard by a different panel.

If the court of second instance establishes that the limits of the claim have been transgressed, it may set aside the judgment of the first instance and remand the case for reconsideration to the court below or, considering the nature of transgression, render a judgment modifying the attacked decision.

In conference or upon a hearing, the court of second instance may reject the appeal as belated, incomplete or inadmissible, or dismiss it as unfounded and affirm the judgment of the court of first instance, or set aside that judgment and remand the case to the court below for reconsideration, or modify judgment render in first instance.

Without prejudice to the provision of the above paragraph, the panel of the court of second instance shall set aside the judgment and/or of the court of first instance and remand the case for rehearing when it establishes that the due to violation of substantive law the determination of state of facts is erroneous and/or incomplete.

The Supreme Court shall annul the ruling of the court of first instance with a resolution and return the case for retrial if it believes that new facts must be established and new evidence taken in order to establish the correct facts of the case.

If the statute provides that two or more courts have territorial jurisdiction over a certain dispute, the parties may conclude an agreement conferring the first instance jurisdiction upon one of these courts, or upon another court of proper jurisdiction over the subject matter.

Any person regarding whom investigations or proceedings are being carried out in connection with any of the crimes set out in article 9 shall be guaranteed fair treatment, a fair trial and full protection of his or her rights at all stages of the investigations or proceedings.

If the revising court establishes that the limits of the claim have been transgressed by a final judgment passed by the court of second instance, it may pass a decree to set aside this judgment and remand the case for reconsideration to the court of second instance or, depending of the nature of transgression, render a judgment to modify the attacked decision.

When a judgment of first instance is set aside and the case remanded to the court of first instance for re-examination of facts, the statement of ground shall indicate the points in which the determination of the state of facts made by the court of first instance comes short or is erroneous, as well as wherein the presentation of new facts and evidence is important for a correct decision and why such evidence and facts affect the correctness of the adjudication process.

If the revising court establishes a severe violation of the civil procedure provisions referred to in the first and second paragraph of Article 339 on the ground of which a revision may be lodged, except of those stated in the second and third paragraphs of the present Article, it shall by a decree set aside, in whole or in part, the judgments of the court of second instance and of the court of first instance, or only the judgment of the court of second instance, and remand the case for reconsideration to the same or a different panel of the court of first or of second instance, or to some other competent court.

If the erroneous and/or incomplete determination of the state of facts is due to violation of substantive law and if, therefore, the attacked judgment cannot be modified, the revising court shall by a decree grant to the revision and set aside, in whole or in part, the judgments of the courts of first and second instance, or only the judgment of the court of second instance, or only the judgment of the court of first instance, and remand the case for rehearing to the court of first or of second instance.

Without prejudice to, if applicable, the relevant rules of international law, any person regarding whom proceedings are being carried out in connection with the Convention or this Protocol shall be guaranteed fair treatment and a fair trial in accordance with domestic law and international law at all stages of the proceedings, and in no cases shall be provided guarantees less favorable to such person than those provided by international law.