What about the judicial process of unjust, false and wrong cases?
According to the relevant provisions of China's criminal procedure law, unjust, false and misjudged cases can enter the judicial process in the following three ways:
1, appeal. The subject of appeal includes the parties and their legal representatives and close relatives. Of course, the appeal can also be entrusted to a lawyer. The object of accepting the appeal is the people's court or the people's procuratorate. To appeal to the people's court, the following materials shall be submitted: the complaint, the judgment documents of the case experience, such as the judgments and rulings of the first and second trials, and other legal documents that have been reviewed or retried by the people's court, and the relevant materials such as the notice of rejection, the retrial decision, the retrial judgment and ruling shall be attached. The court under review is the people's court of final appeal, which should make a decision within three months, no later than six months. The people's court will decide to retry only if it meets the provisions of Article 242nd of the Criminal Procedure Law. If it does not conform to the provisions of this article, the people's court shall notify the complainant in writing to insist on litigation.
2. Initiation of the court: the Supreme People's Court, the people's court at a higher level and the president of our court submit it to the judicial committee for discussion and decision. Here you need to pay attention to the following points:
1) the Supreme People's Court has the right to retrial the effective judgments of people's courts at all levels (including the Supreme Court);
2) 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.
3. the procuratorate began. For unjust, false and misjudged cases, the parties concerned, their legal representatives and close relatives may appeal to the people's procuratorate, which shall handle them according to law. If they directly appeal to the people's procuratorate at a higher level, the people's procuratorate at a higher level may refer them to the people's court at the same level for acceptance. If the case is serious, difficult or complicated, the people's procuratorate at a higher level may directly accept it. When the criminal appeal department of the people's procuratorate concludes the review, it shall make a notice of criminal appeal review and notify the complainant within 10 days.
The appeal conditions and requirements of criminal cases
1, subject of complaint
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; If an outsider believes that a legally effective judgment or ruling infringes upon his lawful rights and interests, he may lodge a complaint; An appeal can be entrusted to a lawyer.
2. Time limit for appeal
The time limit for filing a complaint is within two years after the execution of the penalty. If it exceeds two years, the people's court will not accept it, but in any of the following circumstances, it shall accept it: the defendant in the original trial may be declared innocent; The defendant in the original trial filed a complaint within the prescribed time limit and the people's court refused to accept it; It is a difficult, complicated and major case.
3. Reasons for complaints
(1) There is new evidence to prove that the facts identified 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 and should be excluded according to law;
(3) There are contradictions between the main evidences to prove the facts of the case;
(four) the main factual basis has changed or been revoked according to law;
(5) The conviction is wrong;
(6) The sentencing is obviously improper;
(seven) in violation of the provisions of the law on retroactivity;
(eight) in violation of legal procedures, which may affect the fair judgment;
(nine) the judge has corruption, bribery, favoritism, perverting the law in the trial of the case.
4, the complaint should be submitted to the material
(1) Petition. The basic information, contact information, facts and reasons of the complaint of the parties shall be stated;
(2) Legal documents such as the original judgments and rulings of first and second instance. After review or retrial, the people's court shall attach the notice of rejection, retrial decision, retrial judgment and ruling;
(3) Other relevant materials. If there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, relevant evidential materials shall be attached; When applying for investigation and evidence collection, the people's court shall attach relevant clues or materials.
The above knowledge is my answer to the question "How to do the judicial procedure of unjust, false and wrong cases". When the unjust, false and wrong cases appear completely, both the court and the procuratorate have the responsibility to correct the case, and filing a complaint and starting a retrial procedure are all corrective measures.