1If a party in the act of appeal or in its completion, requests the re-obtaining of the evidence allowed during the court examination at first instance or obtaining of new evidence, the court, if it deems that it cannot decide in the current state of acts, repeats the trial.
2Evidence found after trial at the court of first instance or of those appearing on the spot is subject to the court decision which, as the case may be, orders whether it shall be taken or not.
3The repetition of the trial is also decided ex officio when the court deems it indispensable.
4When the defendant has been declared innocent, the court of appeal may not declare him guilty based only on a different evaluation of the evidence obtained at the first instance trial. In this case the court of appeal shall repeat the trial.
5For the repetition of the trial, decided pursuant to the above paragraphs, the procedure begins immediately, and, when this is not possible, the court examination shall be postponed for a period not longer than ten days.
EN