Section 347 Service; response; submission of files to appeal court (1) If the appeal on law was filed in time and the notices of appeal on law were
submitted in time and in the prescribed form, the notice of appeal shall be served on
the appellant’s opponent. The opponent may submit a written response within one
week. If the judgment is contested on account of an irregularity in the proceedings,
the public prosecutor shall submit a response within this period if it is anticipated
that it will facilitate the examination of the appeal on points of law. The defendant
may also submit his response orally to be recorded by the court registry.
(2) The public prosecution office shall send the files to the court hearing the appeal
on law after receipt of the response or after expiry of the time limit.
Section 348 Lack of jurisdiction (1) If the court to which the files are sent finds that a hearing and decision on the
appellate remedy fall under the jurisdiction of another court, it shall make an order
declaring that it lacks jurisdiction.
(2) This order, which shall indicate the court competent to hear the appeal on law,
shall not be contestable and shall be binding on the court specified therein.
(3) Transmission of the files shall be effected by the public prosecution office.
Section 349 Decision without main hearing (1) The court hearing the appeal on law may make an order dismissing the appellate
remedy as inadmissible if it is of the opinion that the provisions on filing an appeal
on law or on submission of the notices of appeal on law have not been complied
with.
(2) Upon the public prosecution office’s application, for which grounds must be
given, the court hearing the appeal on law may also decide in an order if it
unanimously deems the appeal on law to be manifestly ill-founded.
(3) The public prosecution office shall inform the appellant of the application
pursuant to subsection (2) and of the grounds therefor. The appellant may submit a
written response to the court hearing the appeal on law within two weeks.
(4) If the court hearing the appeal on law unanimously deems the appeal filed for the
defendant’s benefit to be well-founded, it may set aside the contested judgment in
an order.
(5) If the court hearing the appeal on law does not apply subsection (1), (2) or (4), it
shall decide on the appellate remedy in a judgment.