Is the whole criminal appeal a retrial?

Legal analysis: If the appeal is successful, it will be re-examined, and if there is new evidence, the case will be re-investigated. However, courts generally do not take the initiative to investigate and collect evidence. The burden of proof in criminal cases lies with the procuratorate. Of course, defendants and their lawyers can also actively prove their innocence or light guilt. Whether the second trial is necessary should be analyzed in combination with the evidence of the whole case. Which is more credible, confession or witness testimony, needs to know its specific content and analyze it in combination with other evidence.

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

Article 333 The people's court of second instance may, in accordance with the provisions of Article 169 of the Civil Procedure Law, hear the following appeal cases without hearing:

(1) Refusing to accept the decision of non-acceptance, objection to jurisdiction or rejection of prosecution;

(2) The appeal filed by the party concerned is obviously untenable;

(three) the original judgment or ruling found that the facts were clear, but the application of law was wrong;

(4) The original judgment seriously violates legal procedures and needs to be sent back for retrial.