Complaint lawyer retrial

Legal analysis: the criminal appeal under the jurisdiction of the people's procuratorate refers to the appeal against the criminal decision of the people's procuratorate to terminate the lawsuit and the legally effective criminal judgment and ruling of the people's court (including criminal incidental civil judgment and ruling). Those who are qualified as the subject of criminal appeal are the parties to the original case and their legal representatives and close relatives; The entrusted lawyer can also represent the complaint.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 242 Legal conditions for retrial on appeal in criminal cases: If the appeal of the parties and their legal representatives or close relatives meets one of the following circumstances, the people's court shall retry: (1) There is new evidence to prove that the facts ascertained in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing; (2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case; (3) The application of the law in the original judgment or ruling is indeed wrong; (four) in violation of legal procedures, which may affect the fair trial; (5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law. The Supreme People's Court's Interpretation of the Application of the Criminal Procedure Law of People's Republic of China (PRC) Article 375 A decision on an appeal case applying for review shall be made within three months, not later than six months.