If the parties, their legal representatives, and close relatives make complaints under any of the following circumstances, the people's court shall re-hear the case:
(1) There is new evidence to prove the original judgment or ruling The facts identified are indeed wrong, which may affect the conviction and sentencing;
(2) The evidence based on which the conviction and sentencing is based is inaccurate or insufficient and should be excluded in accordance with the law, or there is a discrepancy between the main evidence proving the facts of the case. Contradictory;
(3) The original judgment or ruling is indeed erroneous in the application of law;
(4) Violation of legal procedures, which may affect a fair trial;
(5) Judges engage in corruption, bribery, malpractice for personal gain, or abuse of law.
Second, the court decided to retry the case. The Supreme People's Court has the power to remand or instruct the lower people's court to retry the legally effective judgments and rulings of the people's courts at all levels. If the superior people's court finds that there is indeed an error, it has the right to remand or instruct the lower people's court to retry.
3. The higher-level procuratorate lodges a protest with the court at the same level. The Supreme People's Procuratorate and the People's Courts at all levels have made legally effective judgments and rulings;
The superior People's Procuratorate has the right to report to the same people in accordance with the trial supervision procedures when it discovers that the lower People's Court's judgments and rulings that have taken legal effect are erroneous. A protest was lodged in the People's Court of the People's Republic of China.
In cases where the People's Procuratorate files a protest, the People's Court that accepts the protest shall form a collegial panel for retrial. If the facts in the original judgment are unclear or the evidence is insufficient, the lower people's court may be ordered to retry the case.
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Legal basis: Article 254 of the Criminal Procedure Law.
If the presidents of the people's courts at all levels find errors in determining facts or applying law in legally effective judgments or rulings, they must submit them to the judicial committee for processing.
The Supreme People's Court has legally effective judgments and rulings from the people's courts at all levels, and the superior people's courts have legally effective judgments and rulings from the lower people's courts;
If errors are found, It has the right to remand the case for retrial or instruct the lower people's court to retry the case.