Time limit for applying for retrial in criminal cases: two years.
Article 10 of "Several Opinions of the Supreme People's Court on Standardizing People's Court's Retrial Filing (Trial)" stipulates: "The people's court shall accept the appeal filed by the complainant in a criminal case 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, complicated or major cases.
If it does not conform to the provisions of the preceding paragraph, the people's court shall not accept it. "
Second, the time limit for retrial.
As a form of evidence, new evidence for retrial should be limited by the time limit of proof in principle. The presentation time of new evidence for retrial is clearly defined as "it should be presented when applying for retrial". Compared with the provisions of the Civil Procedure Law, this provision undoubtedly has its positive role. However, the problems involved in the time limit of retrial evidence are not so simple and need to be further clarified.
(a) the time limit for the parties to apply for retrial.
As for the time limit for submitting new evidence to apply for retrial, the term "when applying for retrial" is used. The original intention of providing evidence in civil litigation is to limit the time for presenting new evidence for retrial before the retrial procedure is started, that is, the time limit for applying for retrial is relative to the retrial trial, which should include the stages of submitting the application for retrial by the parties, formal examination by the people's court and substantive examination of retrial reasons. However, if the parties are allowed to submit new evidence to apply for retrial at will during this period, it is obviously not conducive to fixing the dispute as soon as possible, and it is also not conducive to the court's review of the retrial application. Therefore, it is necessary to further clarify the time limit for the parties applying for retrial to provide new retrial evidence. The author thinks that we can learn from the evidence interpretation system in the evidence rules of civil procedure. For retrial cases involving the determination of facts in the original trial, the judge or collegial panel examining the retrial application shall inform the parties applying for retrial that they can present new evidence and specify the time limit for presenting evidence. Failure to provide evidence within the time limit shall be treated as new evidence for retrial. The court's interpretation can guide the parties applying for retrial to give evidence effectively, and it is also conducive to finding new retrial evidence in time and improving the quality and efficiency of retrial review.
(two) the other party's time limit for proof
It only stipulates the time limit for one party applying for retrial to present new evidence for retrial, but it is not clear whether the other party can provide new evidence for retrial and the time limit for presenting new evidence for retrial. The author believes that the other party has the right to present new retrial evidence completely defensively in view of the new retrial evidence presented by the party applying for retrial. However, the evidence it presents must meet the conditions for retrial of new evidence, and it must be a defense against new evidence for retrial.
The new evidence applied for retrial is often presented by the party applying for retrial first, and the other party may not know it. The people's court shall issue a notice of proof to the other party, informing them of the right to provide new evidence, the time limit and the consequences of overdue, and equally protecting the parties' right of proof. Because the parties apply for retrial and provide new evidence, they may or may not start retrial. Therefore, there is no relatively definite time for the other party to provide new evidence. For those who present new retrial evidence when applying for retrial, a hearing shall be held to listen to the opinions of both parties. Therefore, the time limit for the other party to give evidence can be linked to the hearing system. The people's court may set the date of hearing for the retrial application for presenting new retrial evidence, and set the time limit for the other party to present retrial evidence as the date of hearing.
Generally speaking, most criminal cases are based on the system of second instance, that is to say, after the trial by the court of second instance, the judgment is final, and the parties are not allowed to appeal at this time. However, sometimes there are mistakes in the judgment of the second instance. At this time, if the conditions are met, you can also apply for retrial, that is, start the trial supervision procedure.
Legal basis:
Article 10 of "Several Opinions of the Supreme People's Court on Standardizing People's Court's Retrial Filing (Trial)" stipulates: "The people's court shall accept the appeal filed by the complainant in a criminal case 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, complicated or major cases.
If it does not conform to the provisions of the preceding paragraph, the people's court shall not accept it. "