Chapter XIX
REOPENING PROCEDURES
Article 304.- Nature of reopening procedures
Reopening means the review of legally effective judgments or decisions which are protested against due to the appearance of newly detected details which may substantially change the contents of the judgments or decisions and which were not known to the courts and the involved parties when the courts rendered such judgments or decisions.
Article 305.- Grounds for protest according to reopening procedures
Legally effective judgments or decisions shall be protested against according to reopening procedures when there is one of the following grounds:
1. Important details of the case were newly discovered which the involved parties could not have known in the course of resolving the case;
2. There are grounds to prove that the conclusions of the expert witnesses and translations of interpreters were untruthful or evidences were falsified;
3. Judges, people's jurors or procurators intentionally diverted the case files or deliberately made unlawful conclusions;
4. The criminal, administrative, civil, marriage and family, business, commercial or labor decisions of courts or decisions of State agencies on which the courts based themselves to resolve the cases had already been annulled.
Article 306.- Notice and verification of newly discovered details
1. The involved parties, individuals, agencies or organizations shall be entitled to discover new details of cases and notify them in writing to the persons entitled to protest, defined in Article 307 of this Code.
2. In cases where new details of cases are discovered, the procuracies and the courts must notify them in writing to the persons entitled to protest, defined in Article 307 of this Code.
Article 307.- Persons entitled to protest according to reopening procedures
1. The Chief Judge of the Supreme People's Court and the Chairman of the Supreme People's Procuracy shall have the power to protest according to reopening procedures against legally effective judgments or decisions of courts of all levels, except for the decisions of the Council of Judges of the Supreme People's Court.
2. Chief Judges of the provincial-level people's courts and heads of the provincial-level people's procuracies shall have the power to protest against legally effective judgments or decisions of the district-level people's courts.
3. Persons who have protested against legally effective judgments or decisions shall have the power to suspend the enforcement of such judgments or decisions until the reopening decisions are made.
Article 308.- Time limit for protest according to reopening procedures
The time limit for protest according to reopening procedures shall be one year counting from the date the persons having the power to protest acquire grounds for protest according to reopening procedures prescribed in Article 305 of this Code;
Article 309.- Jurisdiction of the Reopening Procedure Panels
The Reopening Procedure Panels shall have the following rights:
1. To reject protests and uphold legally effective judgments or decisions;
2. To annul legally effective judgments or decisions for first-instance retrial according to the procedures prescribed by this Code;
3. To annul legally effective judgments or decisions and stop the resolution of the cases.
Article 310.- Application of the provisions on reopening procedures
Other provisions on reopening procedures shall comply with the provisions on the cassation procedures prescribed in this Code.
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