1. If the appeal in cassation is not filed in compliance with the requirements set forth in Article [245] of this Law, the court shall dismiss it. 2. If the court admits the appeal in cassation and the merits thereof are worthy of adjudication, or if the appeal in cassation is filed for the second time, the court shall adjudicate thereon and may perform the necessary procedures. For other instances, the court shall overturn the judgment, in whole or in part, and shall either remand the case to the court that rendered the judgment for the latter to hear the case through a tribunal comprising different judges, or remand the case to the trial court for the latter to adjudicate thereon ab initio. The Court to which the case is remanded shall abide by the court of cassation's judgment with respect to the points adjudicated by the latter court. 3. The provision of Clause [1] of this Article shall apply to the judgment overturned pursuant to Article [246.2] of this law.
Interpretation and application must be checked against the official text and current version.
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