PART 10. PROCEEDINGS IN APPELLATE COURT
CHAPTER 47. CONSIDERATION OF THE CASE IN THE APPELLATE COURT
Article 396. Discrepancies between the conclusions made in the verdict or decision on the factual circumstances of the case and evidences examined in the appellate court
Having revealed that the conclusions in the verdict or decision of the first instance court on factual circumstances do not correspond to the evidences examined in the appellate court, the appellate court, completely or partially, turns down the verdict and adopts a new verdict in accordance with the results of the trial.
The appellate court, having assessed the examined evidences during its trial, is entitled to regard as proved those facts which have not been confirmed or have not been taken into account in the verdict of the first instance court.
Mistake of fact - national proceedings
EDIT.