1. What do you mean by arraignment?
The procuratorate's arraignment shows that the case may have reached the stage of public prosecution by the procuratorate, and the prosecutor arraigns the suspect. When the case is transferred to the procuratorate or the court, the defense lawyer can go to the procuratorate or the court to read the papers, collect the confessions, documentary evidence, physical evidence and other relevant evidence of the criminal suspect and other accomplices accused by the investigation organ, and make a good defense plan after in-depth study, so as to ensure that the defendant is innocent, mitigated, exempted from punishment or declared suspended in court, and safeguard the best interests of the defendant.
code of civil law
Article 40 In trying civil cases of second instance, the people's court consists of a collegial panel of judges. The number of members of the collegial panel must be odd.
For a case remanded for retrial, the people's court that originally tried it shall form a collegial panel in accordance with the procedure of first instance.
If the retrial case originally belonged to the first instance, a collegial panel shall be formed separately in accordance with the procedure of first instance; If it was originally a case of second instance or brought a lawsuit to a higher people's court, a collegial panel shall be formed separately in accordance with the procedure of second instance.
Article 198 If the presidents of the people's courts at all levels find that there are errors in the legally effective judgments, rulings and conciliation statements of their own courts, and think that a retrial is necessary, they shall submit them to the judicial committee for discussion and decision.
The Supreme People's Court has the right to send back the legally effective judgments, rulings and conciliation statements of local people's courts at all levels and people's courts at higher levels or order the people's courts at lower levels to try them again if errors are found.
2. What's the difference between arraignment and retrial?
1 has different meanings. Retrial is a retrial of a case in accordance with the procedure of trial supervision in order to correct the legally effective and indeed wrong judgments and rulings. The arraignment is because of the seriousness of the case or other reasons, and the higher court submits the cases that have not been decided or have been decided by the lower court to its own trial.
2. Different subjects: retrial can be initiated by the parties, the procuratorate and the court; Summons can only be initiated by the court.
3. Different courts apply: retrial can be tried by courts at all levels, and arraignment can only be conducted by a higher court.
4, the applicable object is different, retrial is applicable to cases where the judgment or ruling has taken legal effect and is indeed wrong; It may be a case handled by our hospital or a case handled by a lower court; The object of application of arraignment is not only the cases in which the judgment or ruling has become legally effective and there are indeed mistakes, but also the first-instance cases in which the higher people's court refuses to accept the death penalty imposed by the intermediate people's court (Article 200 of the Criminal Procedure Law), which is limited to the cases handled by the lower courts.
3. What are the conditions for bringing criminal proceedings to a higher court?
The conditions for the superior court to submit a case to trial in criminal proceedings are as follows:
1, the case is serious and complicated, and the lower court is not sure about conviction and sentencing.
2, involving a wide range. For example, a certain level of leadership crimes, crimes committed by United front targets with strong policies, and foreign-related cases with great influence.
3. In the process of hearing the case, the lower court is interfered and resisted by the outside world, so it cannot handle the case impartially and needs the support of the higher court.
4. The parties to the case are the staff of the lower court that accepted the case.
5 difficult cases involving major technical issues.
The above is the relevant content of what it means to you. We can know that the procuratorate's arraignment means that the case may have reached the stage of public prosecution by the procuratorate, and the prosecutor has arraigned the suspect. Generally speaking, there are two kinds of arraignment, one is that the detention center directly asks for interrogation, and the other is that the superior court can arraignment when it finds that the effective judgment of the lower court is wrong. This knowledge is not difficult to understand, but it is also very important.