Article 239. Procedure for the examination of a case by the court of cassation instance

The court of cassation instance shall consider the case in a court session following the rules for examination in the court of first instance, taking into account the specific features provided for in this chapter.

In the court of cassation instance, the rules regarding the consolidation of cases into a single proceeding, changes to the subject matter or grounds of the claim, and the involvement of third parties in the case, as well as other rules established in this Code for hearing the case in the court of first instance, do not apply, except in cases when the case is heard under the procedural rules of the first instance court.

The failure of the person who filed the cassation appeal (protest) or other persons participating in the case to appear at the court session of the cassation instance court, provided they were duly notified of the time and place of the hearing, shall not prevent the case from being considered in their absence.