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Art. 369 Procedure
1 If it is probable that the requirements for a re-assessment will be met, the director of proceedings shall fix a new trial. At this hearing, the court shall decide on the application for re-assessment and shall if applicable reach a new judgment. 2 The appeal courts shall suspend any appellate proceedings raised by other parties. 3 The director of proceedings shall decide before the trial on granting suspensive effect and on preventive detention. 4 If the convicted person again fails to appear for the trial, the judgment in absentia shall remain valid. 5 The application for re-assessment may be withdrawn at any time prior to the conclusion of the party hearing subject to the payment of costs and compensation. |