1The Court of Appeal, after examining the case, decides:
ato uphold the decision;
bto change the decision;
cto quash the decision and dismiss the case when there are grounds not permitting the initiation and continuation of the proceedings;
çto quash the decision and return the acts to the first instance court, if the provisions regarding the conditions to be a judge in the concrete case, the number of judges necessary for constituting the chambers, as defined in this Code, the exercise of the prosecution by the prosecutor and his participation in the proceedings, the participation of the defendant, of his defence lawyer or of the representative of the accusing victim, the violation of the provisions for the introduction of new charges are not respected and also in any case when specific provisions foresee the nullity of the decision.
2A copy of the decision shall be immediately notified to the first instance court.
EN