Legal analysis
The final judgment of the second instance means that the trial result of the second instance is the final judgment and ruling, which will take effect once it is made. The parties may not appeal again, and the people's procuratorate may not lodge a protest in accordance with the appeal trial procedure. If there is any objection to the judgment of the second instance, the parties may apply for retrial or protest to the procuratorate, and then conduct the trial in accordance with the procedure of trial supervision. However, you need to apply for a retrial. 1. The applicant must be the party concerned, its legal representative or near relative, and under any of the following circumstances: 1. The discovery of new evidence. New evidence can prove that the facts identified in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing. 2. I found that the original evidence could not be convicted and sentenced. The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there is contradiction between the main evidence proving the facts of the case. 3. The original judgment or ruling was wrong in applying the law. 4, the proceedings in violation of the law, may affect the fair trial. 5. It was found that the judge had corruption, bribery, favoritism and perverting the law in the trial of this case. Therefore, after the second trial of a criminal case, if a party refuses to accept the judgment made by the people's court, he can no longer appeal, but can only file a trial supervision procedure, and only when there is a procedural error can he file a trial supervision procedure.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 10 In handling cases, the people's courts shall adopt the system of second instance and final adjudication.
Article 254 If the presidents of people's courts at all levels find errors in ascertaining facts or applying laws in legally effective judgments and orders, they must submit them to the judicial committee for handling. The Supreme People's Court has the right to send back or instruct the people's courts at lower levels to retry the legally effective judgments and rulings of the people's courts at all levels. If the people's courts at higher levels find that there are indeed mistakes, they have the right to send back or instruct the people's courts at lower levels to retry. The Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision if it finds that the legally effective judgment or ruling of the people's court at all levels is wrong, and the people's procuratorate at a higher level has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision. When a people's procuratorate protests a case, the people's court that accepts the protest shall form a collegiate bench for retrial. If the facts of the original judgment are unclear or the evidence is insufficient, the people's court at a lower level may be ordered to retry.