How to write an appeal petition if there is insufficient evidence

Writing of appeals with insufficient evidence: The appellant should apply to the court to change the claim, or have new facts and reasons and corresponding evidence to prove it. The appeal petition also needs to state the basic situation of both the original and defendant parties. The claims must be clear and specific, and the facts and reasons must be logical and well combined.

Legal Basis

Article 236 of the Criminal Procedure Law

After the second-instance people’s court hears an appeal or protest case against the first-instance judgment, it shall based on the following The situations are dealt with separately:

(1) If the original judgment determines the facts and applies the law correctly, and the sentence is appropriate, the appeal or protest shall be dismissed and the original judgment shall be upheld;

(2) The original judgment determines If there is no error in the facts, but there is an error in the application of the law, or the sentence is inappropriate, the sentence should be changed;

(3) If the facts in the original judgment are unclear or the evidence is insufficient, the sentence may be changed after the facts are ascertained; or the sentence may be ruled The original judgment was revoked and the case was remanded to the original People's Court for a new trial.

After the first-instance People’s Court makes a judgment on a case remanded for retrial in accordance with the provisions of paragraph 3 of the preceding paragraph, if the defendant appeals or the People’s Procuratorate protests, the second-instance People’s Court shall make a judgment or ruling in accordance with the law. , will not be sent back to the People's Court of First Instance for retrial.