When the first trial loses, it is generally difficult to win the second trial unless there is new evidence to prove it. In handling cases, the court shall take facts as the basis and law as the criterion. Therefore, the key to winning or losing a case lies in whether the evidence of both parties can prove the facts and claims. If there is enough evidence to prove it, the court will pay the legal fees and decide that it wins the case and the other party loses. Therefore, the court of second instance is similar, nothing new, the judgment of first instance is correct, and there is basically no possibility of winning the case. As long as there is new evidence, clear facts and conclusive evidence in the second trial, we are sure to win the case. Then the court of first instance shall determine whether the facts and applicable laws are correct, and the case file of the original trial shall be examined in the second instance. If no evidence is found, the facts are unclear and the applicable law is wrong, the original judgment will generally be upheld, otherwise the judgment will be revised or sent back for retrial.
legal ground
Article 236 of the Criminal Procedure Law of People's Republic of China (PRC), the people's court of second instance shall, after hearing the case of appeal or protest against the judgment of first instance, deal with it according to the following circumstances: (1) If the original judgment finds the facts and applicable laws correct and the sentence is appropriate, it shall rule to reject the appeal or protest and uphold the original judgment; (two) the original judgment found that the facts were not wrong, but the applicable law was wrong, or the sentence was improper, and the judgment should be revised; (3) If the facts in the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained; You can also make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for a new trial. If the defendant appeals or the people's procuratorate protests after the people's court of first instance has made a judgment on the case sent back for retrial in accordance with the provisions of the third paragraph of the preceding paragraph, the people's court of second instance shall make a judgment or ruling according to law and will not send it back to the people's court of first instance for retrial.