According to relevant laws and regulations, if a party brings a lawsuit for a dispute and refuses to accept the judgment of the first instance, it may appeal to the people's court at the next higher level. For litigation, the parties usually hire lawyers, so do you need to pay lawyer's fees again in the second trial? Let me give you a detailed introduction, hoping to help you.
Lawyers' fees need to be paid again in the first and second trials.
Yes, the lawyer's fee is collected by stages, which means that the agency work is over when the first-instance case he handles comes out. Therefore, it is reasonable for lawyers to charge separately. If you win the case and the case is relatively simple, you can also go to the court yourself, that is, insist that the original judgment is correct and ask the court of second instance to reject the other party's appeal. Article 237 of the Criminal Procedure Law: No additional punishment on appeal and its restrictions The people's court of second instance shall not increase the punishment of the defendant when trying cases appealed by the defendant, his legal representatives, defenders and close relatives. The people's court of second instance shall not increase the punishment of the defendant unless there are new criminal facts, and the people's procuratorate shall make supplementary prosecution. Where a people's procuratorate lodges a protest or a private prosecutor lodges an appeal, it shall not be restricted by the provisions of the preceding paragraph.
Second, how long will the second trial last?
The Criminal Procedure Law of People's Republic of China (PRC) does not specify the court session time, but only an approximate time, with a maximum of 33 days. At the same time, it is stipulated that the trial should be completed within two months, and if the death penalty is involved, the trial can be extended for two months. The specific provisions of the Criminal Procedure Law of People's Republic of China (PRC) are as follows: (1) Article 220 If the defendant, the private prosecutor, the plaintiff and the defendant in an incidental civil action appeal through the people's court that originally tried the case, the people's court that originally tried the case shall, within three days, transfer the appeal to the people's court at the next higher level together with the case file and evidence, and at the same time send a copy of the appeal to the people's procuratorate at the same level and the other party. If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall send the appeal to the people's court that originally tried the case within three days, and send a copy to the people's procuratorate at the same level and the other party. (2) Article 224 The people's procuratorate at the same level shall send personnel to appear in court for cases protested by the people's procuratorate and cases of public prosecution tried by the people's court of second instance. After the people's court of second instance decides to hold a hearing, it shall promptly notify the people's procuratorate to consult the file. The people's procuratorate shall complete the inspection within one month. The time for the people's procuratorate to consult the case file is not included in the trial period. (3) Article 232 The people's court of second instance shall conclude the case of appeal or protest within two months. For a case that may be sentenced to death or a case with incidental civil action, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for two months with the approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
Third, the defense must be submitted in the second instance?
Article 113 of the Civil Procedure Law stipulates that the people's court shall send a copy of the indictment to the defendant within five days from the date of filing the case, and the defendant shall submit a reply within fifteen days from the date of receipt. Matters needing attention: (1) In the civil defense of the second instance, the facts and reasons stated by the plaintiff in the civil complaint shall be emphatically stated; (2) When making civil pleadings of second instance, the contents shall be comprehensive; (3) Rules for writing the defense; (4) Submit the defense on time.
This is what I brought to you about whether you need to pay the lawyer's fee separately in the second trial. The payment of lawyer's fees in the second instance shall be subject to the entrustment contract signed with the lawyer. The contract stipulates that additional payment is required, but when the case is sent back to the second instance for further trial, the lawyer's fee is generally not required. If you don't know anything or have other questions, you can consult a lawyer.