Citizen Judges Act (Act on Criminal Trials with the participation of Citizen Judge (Guomin Faguan)) Article 92

Where the court of second instance finds that the appeal is meritorious or that the original judgment is inappropriate or illegal despite the appeal is without merits, the said court of second instance shall reverse the part of original judgment against which the appeal is made. However, the court of second instance may not reverse if it finds that the fact-finding of the original judgment is contrary to the rules of experience and logic but the said error has no significant impact on the outcome of the case. The second instance court that reverses the original judgment shall adjudicate the case with its own judgment. However, with regard to the circumstance where the original judgment is reversed on ground of one of the following circumstances, the second instance court shall make a judgment to remand the case to the original court:1. Where the pronouncement of mistake in jurisdiction, exemption from prosecution, or dismissal of case was inappropriate;2. Where a circumstance stipulated in Subparagraphs 1, 2, 6, 7, or 13 of Article 379 of Code of Criminal Procedure existed;3. Where a requested item was not adjudicated;4. Where a pronouncement of not guilty was made in violation of the laws and regulations and such a ruling impacted on the finding of facts, or where a finding of facts erred and impacted on the judgment; or5. Where the court of second instance, taking the purposes of the system of civil participation in criminal trials and the protection of the right of defense for the defendant into consideration, finds the remand appropriate.