The statutory time limit for applying for retrial in criminal cases is two years. According to the relevant laws and regulations of our country, the people's court shall accept the appeal filed by the complainant in criminal cases within two years after the execution of the penalty; If the complaint time exceeds two years, it shall be accepted under any of the following circumstances:
1, the defendant in the original trial may be acquitted;
2. The defendant in the original trial filed a complaint with the people's court within the time limit stipulated in this article, and the people's court refused to accept it;
3 difficult, complex or major cases. If it does not conform to the provisions of the preceding paragraph, the people's court shall not accept it.
The retrial period of criminal cases is generally 3 months. If it is really necessary to extend the retrial period, it shall not exceed 6 months at most. A case retried by a people's court in accordance with the procedure of trial supervision is usually not tried by the people's court that originally tried it, but by a collegial panel. The trial shall be concluded within 3 months from the date of the retrial decision, and if it is really necessary to extend the time limit, it shall not exceed 6 months at the longest.
The conditions for applying for criminal retrial are _
1。 There is new evidence enough to overturn the original judgment or ruling.
2。 The main evidence of the facts ascertained in the original judgment or ruling is insufficient.
3。 The application of law in the original judgment or ruling is indeed wrong.
4。 The people's court violates legal procedures, which may affect the correct judgment and ruling of the case.
5。 The judge was guilty of corruption, bribery, favoritism or perverting the law when trying the case.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 258 A case retried by a people's court in accordance with the procedure of trial supervision shall be concluded within three months from the date of making a decision to remand it for retrial, and if the time limit needs to be extended, it shall not exceed six months. The people's court that accepts the protest shall hear the protest case in accordance with the procedure of trial supervision, and the time limit for hearing shall apply to the provisions of the preceding paragraph; If it is necessary to instruct the lower people's court to retry, it shall make a decision within one month from the date of accepting the protest, and the time limit for the lower people's court to hear the case shall be governed by the provisions of the preceding paragraph.
Article 252 The parties, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against a legally effective judgment or ruling, but the execution of the judgment or ruling shall not be suspended.
Article 241 The parties concerned, their legal representatives and close relatives may appeal to a people's court or a people's procuratorate against a legally effective judgment or ruling, but the execution of the judgment or ruling shall not be suspended.