Legal analysis: Under normal circumstances, the second instance does not need to cross-examine the evidence that has been cross-examined in the first instance.
First, the court of first instance cross-examined the evidence provided by both parties, and evaluated the authenticity, legality, relevance, and whether there is probative force and the size of the evidence based on the high degree of probability and illegal evidence exclusion rules. , combined with the rules in daily life and comprehensive case circumstances to be identified.
2. If there is new evidence, there are issues with the evidence at that time or there are indeed other reasonable requirements. The evidence can then be re-examined.
Legal basis: "People's Procuratorate Criminal Procedure Rules"
Article 78 The People's Procuratorate believes that the first-instance People's Court's review of the legality of evidence collection and investigation conclusions led to the first If the trial judgment or ruling is indeed erroneous, a protest may be filed with the People's Court in accordance with the provisions of Article 228 of the Criminal Procedure Law.
Article 63: The People's Procuratorate has concluded the investigation or initiated a public prosecution. , the evidence should be reliable and sufficient. The evidence should be reliable and sufficient and should meet the following conditions: (1) The facts of conviction and sentencing are supported by evidence; (2) The evidence on which the case is decided is verified to be true through legal procedures; (3) The evidence and determination of the entire case The facts have been proven beyond reasonable doubt.