Scope and duration of retrial review

Although in many cases, you can apply for re-examination, but it also has a scope and strict time limit. Otherwise, the parties or agents in each case request a retrial, and how many people are too busy? What is the scope and duration of the retrial? Let me introduce you to the relevant content. First, the scope and duration of retrial review

Scope of review:

(1) All kinds of criminal cases retried according to law after the effective judgment is made by our court;

(two) the parties and their legal representatives, the people's Procuratorate refuses to accept the judgment of the intermediate people's court in retrial according to the procedure of first instance, and appeals or protests the retrial criminal case;

(three) all kinds of criminal cases protested by the provincial people's procuratorate in accordance with the procedure of trial supervision;

(four) all kinds of criminal cases that the Supreme People's Court ordered our court to retry;

(5) Other criminal cases that should be retried by our court according to laws and judicial interpretations.

Duration:

Article 181 of the Civil Procedure Law of People's Republic of China (PRC): within three months from the date of receiving the application for retrial, the people's court shall order a retrial if it meets one of the circumstances stipulated in Article 179 of this Law; If it does not conform to the provisions of Article 179 of this Law, the application shall be rejected. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.

Second, what are the reasons for the parties to apply for retrial?

In any of the following circumstances, the people's court shall retry the application:

(1) There is new evidence sufficient to overturn the original judgment or ruling;

(two) the basic facts identified in the original judgment or ruling lack evidence to prove;

(3) The main evidence of the facts ascertained in the original judgment or ruling is forged;

(four) the main evidence of the facts identified in the original judgment or ruling has not been cross-examined;

(five) the evidence needed for the trial of the case is not collected by the parties themselves due to objective reasons, and the people's court fails to investigate and collect the evidence in writing;

(6) The application of the law in the original judgment or ruling is indeed wrong;

(seven) in violation of laws and regulations, the jurisdiction is wrong;

(eight) the composition of the judicial organization is illegal or the judges who should be avoided according to law have not avoided;

(9) A person without capacity for litigation does not have a legal representative, or the party who should participate in the litigation does not participate in the litigation due to reasons not attributable to him or his agent ad litem.

(ten) in violation of the law, depriving the parties of the right to debate;

Third, how to reply in retrial

When the court accepts a retrial case, the parties may reply according to the reasons for applying for retrial, make the reasons and facts of retrial clear, and it is best to entrust a lawyer to issue a reply.

The above is about the scope and duration of retrial review. If you want to apply for retrial, you must be prepared in advance, don't be blind, and don't have too high expectations, otherwise the gap may be great. The key is to find evidence to prove your innocence.