1. Is it necessary to hire a lawyer in the second criminal trial?
Lawyers are required for the second trial of criminal cases. As a defender, the lawyer's duty is to put forward materials and opinions on whether the criminal suspect or defendant is innocent, lighter or exempted from criminal responsibility according to facts and laws, and to safeguard the litigation rights and other legitimate rights and interests of the criminal suspect or defendant.
The people's court of second instance shall, in accordance with the relevant laws of the state, conduct a comprehensive review of the facts ascertained in the judgment of first instance and the applicable laws, and shall not be limited by the scope of appeal or protest. * * * If only some defendants appeal in the same criminal case, the whole case shall be examined and handled together.
If a lawyer has been hired in the first instance, the same lawyer must be hired in the second instance, because only in this way can we better understand the situation of the case and various problems in the trial process.
If you don't ask a lawyer in the first instance, you should ask a lawyer in the second instance, because the second instance is final, and it is meaningless to appeal to the second instance. It is prudent to ask a lawyer to be more professional. They should be invited unless the economic situation does not permit.
The people's court of second instance shall form a collegial panel to hear the following cases:
(a) the defendant, the private prosecutor and his legal representative raised objections to the facts and evidence ascertained in the first instance, which may affect the conviction and sentencing;
(2) An appeal case in which the defendant was sentenced to death;
(3) Cases protested by people's procuratorates;
(4) Other cases that should be heard in court. If the people's court of second instance decides not to hold a hearing, it shall interrogate the defendant and listen to the opinions of other parties, defenders and agents ad litem.
The people's court of second instance may hear an appeal or protest case in the place where the case occurred or in the people's court that originally tried the case.
Second, what is the procedural flow of the second trial of criminal cases?
In the second instance, the defendant and the private prosecutor should first file an appeal or protest by the procuratorate, and the people's court at the next higher level should conduct a comprehensive review of the facts determined in the judgment of the first instance and the applicable law. The court of second instance shall hold a hearing on a case that meets the requirements for hearing. The people's procuratorate at the same level shall send personnel to attend the trial of second instance. The trial period of second instance is generally two months, which can be extended for two months if necessary. There are three kinds of trial results: upholding the original judgment, changing the original judgment in the second instance and revoking the original judgment and sending it back for retrial.
1 Article 233 of the Civil Law The people's court of second instance shall conduct a comprehensive review of the facts ascertained in the judgment of first instance and the applicable laws, and shall not be limited by the scope of appeal or protest. * * * If only some defendants appeal in the same criminal case, the whole case shall be examined and handled together.
2. Article 234 of the Civil Code refers to the trial mode of second instance. The people's court of second instance shall form a collegial panel to hear the following cases:
(a) the defendant, the private prosecutor and his legal representative raised objections to the facts and evidence ascertained in the first instance, which may affect the conviction and sentencing.
(2) An appeal case in which the defendant was sentenced to death
(3) Cases protested by people's procuratorates
(4) Other cases that should be heard in court. If the people's court of second instance decides not to hold a hearing, it shall interrogate the defendant and listen to the opinions of other parties, defenders and agents ad litem. The people's court of second instance may hear an appeal or protest case in the place where the case occurred or in the people's court that originally tried the case.
To sum up, the second trial of criminal cases needs to hire a lawyer, which is more conducive to the solution and defense of this case. In the second instance of a criminal case, the defendant or private prosecutor needs to appeal first. If the relevant conditions are met, the court of second instance will hold a hearing. The term of second instance is generally two months, and a collegial panel is needed for the appeal case in which the defendant is sentenced to death.