Main tasks and practical skills:
- Disapprove the protest and uphold the legally enforceable judgment or decision.
- Uphold the lawful judgement or decision of the lower Court which has been cancelled or varied. This jurisdiction is specified in Article 298 of the CPC (including the setting aside of the legally enforceable judgment or decision being protested).
- Setting aside the legally enforceable judgment or decision which is being protested against for the purpose of re-hearing at first instance or appellate hearing (Article 299 of the CPC)
- The substantiation and gathering of evidence has not yet been conducted in accordance with provisions of the CPC;
- The finding of the Court stated in the judgment or decision is inconsistent with the objective nature of the matter or there are serious incorrect applications of the law;
- The composition of the Judicial Review Panel with first instance or appeal jurisdiction is not in accordance with provisions of the CPC or there are serious breaches of the proceedings.
- Noting that:
- If the Judicial Review Panel decides that the case must be heard at appellate level again, it shall declare to set aside the judgment or decision of appeal which is being protested; if the Judicial Review Penal decides that the case must be heard at first instance level again, it shall declare to set aside the judgment or decision of appeal which is being protested and the judgment or decision of first instance.
- The judicial review decision must specify which Court is assigned to re-hear the case at first instance and appeallate levels. Such Court shall not transfer the case to another Court for resolving it, unless there are new grounds.
- Setting aside the legally enforceable judgment or decision and suspending the resolution of the case. This jurisdiction is specified in Article 300 of the CPC and is referred to provisions of Article 192 of the Civil Code.
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