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What are the differences between a reopening procedure and the cassation procedure?

A cassation procedure is requested when there are one of the following grounds:

    • The conclusions in the judgment or decision are inconsistent with the objective details of the case, causing damage to the lawful rights and interests of a party.
    • There exist serious procedural violations making the parties unable to exercise their litigation rights and obligations, resulting in the fact that their lawful rights and interests are not protected in accordance with the law.
    • There exist serious mistakes in the application of the law, resulting in the issuance of a wrongful judgment or decision, causing damage to the lawful rights and interests of a party, infringing upon public interests, the State’s interests or the lawful rights and interests of a third party.

A reopening procedure is requested when:

    • Important details of the case have been newly discovered, which the parties could not have discovered during the settlement of the case.
    • There are grounds to prove that the conclusions of an examiner and the verbal translations of a translator were untruthful or that evidence was falsified.
    • The Judge, People’s assessor or Procurator intentionally distorted the case file or deliberately made unlawful conclusions.
    • The criminal, administrative, civil, marriage and family, business, commercial or labor decision of the Court or decision of the state agency on which the Court based its settlement of the case has been cancelled.

It can be seen that the cassation procedure is applied when there are grounds related to the subjective perception of the trial panel or when there is a mistake in applying the legal regulations regarding the procedure during the settlement proceeding.  In contrast, the reopening procedure is applied when there are grounds relating to the circumstances of the case or the intentional actions of the persons conducting the proceedings.

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