How to file a lawsuit for unjust, false and wrong cases
The appeal of unjust, false and wrong cases actually refers to the trial supervision procedure, also known as the "retrial procedure". It refers to a special litigation procedure in which the people's procuratorate finds that there is an error in the legally effective judgment or ruling of the people's court and files a retrial ex officio. The purpose is to correct the legally effective and wrong judgments and rulings through retrial and judgment. The parties, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling. So how can we overturn the unjust, false and wrong cases? According to the provisions of the Criminal Procedure Law, if there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, it may affect conviction and sentencing; Or the evidence on which conviction and sentencing are based is not true and sufficient and should be excluded according to law; Or there is a contradiction between the main evidence to prove the facts of the case, the people's court shall retry. If it can be proved through trial that the facts identified in the original judgment or ruling are unclear or the evidence is insufficient, and the defendant cannot be found guilty, the original judgment or ruling shall be revoked and the defendant shall be declared innocent. That is, the unjust, false and wrong cases were overthrown. Legal basis: Article 242nd of the Criminal Procedure Law of People's Republic of China (PRC). (1) There is new evidence to prove that the facts ascertained in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing; (2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case; (3) The application of the law in the original judgment or ruling is indeed wrong; (four) in violation of legal procedures, which may affect the fair trial; (5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law.