1. If the court of first instance rendered a judgment on the merits, and the court of appeal is convinced that the judgment is based on an invalidity or that a procedural invalidity has affected the judgment, the court of appeal shall set aside the judgment and adjudicate on the case. 2. If the court of first instance decides that it is lacking the jurisdiction or grants a subsidiary claim that gives rise to a stay of proceedings, and the court of appeal set aside the judgment and establishes the jurisdiction of the lower court or decides that the subsidiary claim be dismissed and that the case be heard, the court of appeal shall remand the case to the court of first instance for the latter to adjudicate on the merits. In which case, the Public Prosecution shall serve such a decision on the absent litigants.
Interpretation and application must be checked against the official text and current version.