Chapter XIV
REOPENING PROCEDURES
Article 232. Nature of reopening
Reopening means the review of a legally effective judgment or ruling which is protested against due to the appearance of newly discovered details which may substantially change the content of the judgment or ruling and which were unknown to the court and the involved parties when the court rendered such judgment or ruling.
Article 233. Grounds for protest according to reopening procedures
A legally effective judgment or ruling shall be protested against according to reopening procedures when there is one of the following grounds:
1. Important details of the case are newly discovered, which the court and involved parties could not know in the course of settlement of the case;
2. There are grounds to prove that the conclusions of the expert and translations of interpreter were untruthful or evidence is forged;
3. The judge, people's jurors or procurator intentionally distorted the case file or deliberately made unlawful conclusions;
4. The judgment or ruling of a court or decision of a state agency on which the court based itself to settle the case has been canceled.
Article 234. Notice and verification of newly discovered details
1. The involved parties or other individuals, agencies or organizations may, when discovering new details of the case, may send a written request to a person having the right to protest defined in Article 235 of this Law for considering making a protest according to reopening procedures.
2. If discovering new details of a case, the procuracy or the court shall notify them in writing to the persons having the right to protest defined in Article 235 of this Law.
Article 235. Persons having the right to protest according to reopening procedures
1. The President of the Supreme People's Court and the Director of the Supreme People's Procurac.y have the right to protest according to reopening procedures against legally effective judgments or rulings of courts of all levels, except decisions of the Judges' Council of the Supreme People's Court.
2. The president of a provincial-level court and the director of a provincial-level procuracy have the right to protest against legally effective judgments or rulings of district-level courts.
3. The person who has protested against a legally effective judgment or ruling may suspend the execution of such judgment or ruling until a reopening decision is made.
Article 236. Time limit for protest according to reopening procedures
The time limit for protest according to reopening procedures is one year counting from the date a person having the right to protest becomes aware of a ground for protest according to reopening procedures specified in Article 233 of this Law.
Article 237. Jurisdiction of reopening panel
1. To reject the protest and uphold the legally effective judgment or ruling;
2. To cancel the legally effective judgment or ruling for retrial according to first-in stance procedures provided by this Law.
3. To cancel the judgment or ruling of the court which has tried the cases and terminate the settlement of the case.
Article 238. Application of provisions on reopening procedures
Other provisions on reopening procedures are as the same as relevant provisions on cassation procedures in this Law.
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