1. Violation of the provisions of the public trial and challenge system;
2. Deprivation or restriction of the legal rights of the parties, which may affect a fair trial; < /p>
3. The composition of the trial organization is illegal;
4. Violation of the provisions of criminal procedure.
If any of the above circumstances occurs, the second-instance court shall rule to revoke the original judgment and remand the case to the first-instance court for retrial.
Many people have misunderstandings that parties can appeal and retrial, and some equate the two. In fact, appeals and retrials are essentially different. If the parties are dissatisfied with the effective judgment or ruling of the court, they can only appeal. If they meet the conditions after review by the People's Court, the People's Court can initiate a retrial procedure and conduct a retrial.
(1) Complaints in the Criminal Procedure Law
In addition to appeals against the effective judgments and rulings of the People’s Court, there are many other appeals that can be made in the Criminal Procedure Law:< /p>
If a defender or litigation agent believes that the public security organ, People's Procuratorate, People's Court and their staff are obstructing him from exercising his litigation rights in accordance with the law, he has the right to file a complaint or complaint with the People's Procuratorate at the same level or at a higher level, or to Prosecution in the People's Court. The People's Procuratorate files a complaint or accusation.
Secondly, if the parties, their defenders, agents ad litem, or interested parties commit any of the following acts, they have the right to complain or accuse the judicial organs and their staff (if they are dissatisfied with the handling of the case by the judicial organs, they shall also You can appeal to the People's Procuratorate at the same level; for cases directly accepted by the People's Procuratorate, you can appeal to the People's Procuratorate at the next higher level):
(1) If the statutory period for taking compulsory measures expires, the person will not be released, lifted or changed;
(2) The bail pending trial deposit should be returned but not returned;
(3) Measures of sealing, seizing, or freezing property unrelated to the case are taken;
(4) Seizing, impounding, or freezing should be lifted but not being lifted;
(5) Embezzling, misappropriating, misappropriating, exchanging, or using the sealed, seized, or frozen property in violation of regulations.
3. If the victim is dissatisfied with the People’s Procuratorate’s decision not to prosecute, he may appeal to the People’s Procuratorate at the next higher level and request a public prosecution within seven days from the date of receipt of the decision not to prosecute, or he may directly appeal to the People’s Court Prosecution.
Fourth, if the parties, their legal representatives, and close relatives are dissatisfied with the legally effective judgment or ruling, they may appeal to the People's Court or the People's Procuratorate, but they cannot stop the execution of the judgment or ruling.
Fifth, in the process of executing judgments and rulings, prisons and other execution agencies believe that the judgments or rulings are indeed erroneous or the criminal files a complaint, they shall transfer the case to the People's Procuratorate or the People's Court that originally made the judgment or ruling. .
(2) Retrial in Criminal Procedure Law
The objects of retrial are judgments and rulings that have become legally effective. The subjects of retrial are the Supreme People's Court and local people's courts at all levels. People's procuratorates at all levels may initiate retrial procedures if they file a protest, but the parties concerned do not have the right to directly initiate retrials.
First, if the Supreme People's Court finds that there are indeed errors in the legally effective judgments and rulings of the people's courts at all levels, as well as the legally effective judgments and rulings of the lower people's courts, it has the right to initiate a trial or Instruct the lower people's court to retry the case.
Second, if the Supreme People’s Procuratorate discovers that the legally effective judgments and rulings of the people’s courts at all levels and the legally effective judgments and rulings of the lower people’s courts are indeed erroneous, it shall have the right to report them to the same people in accordance with the trial supervision procedures. A protest was lodged in the People's Court of the People's Republic of China.
Third, if the people's courts at all levels find that there are errors in determining the facts or applying the law to a legally effective judgment or ruling, they may decide to retry it and submit it to the judicial committee for discussion and approval.
Fourth, if the parties, their legal representatives, and close relatives appeal and meet any of the following circumstances, the people's court shall retry: (1) There is new evidence to prove the original judgment. , the facts identified in the ruling are indeed wrong, which may affect the conviction and sentencing;
(2) The evidence on which the conviction and sentencing is based is unreliable and insufficient and should be excluded in accordance with the law, or it is not the main evidence to prove the facts of the case. There are contradictions between them.
(3) The original judgment or ruling was erroneous in the application of law;
(4) Violation of legal procedures may affect a fair trial;
(5) Judges engaged in corruption during the trial of the case Accepting bribes, engaging in favoritism and bending the law.
When courts at all levels retry the effective judgments and rulings of the same court, they should form a separate collegial panel. If the lower people's court retrials the effective judgments and rulings of the lower people's court, the lower people's court may initiate a trial or order the original trial. Rehearing before a court other than the court. If it is more appropriate for the People's Court of First Instance to hear the case, the People's Court of First Instance may also be instructed to hear the case.
Legal basis:
Article 254 of the "Criminal Procedure Law of the People's Republic of China"
The judgment of the presidents of the people's courts at all levels has taken legal effect If a judgment or ruling is deemed to be indeed wrong in determining facts or applying law, it must be submitted to the adjudication committee for discussion.
If the Supreme People's Court finds that there are indeed errors in the legally effective judgments and rulings of the people's courts at all levels and the legally effective judgments and rulings of the lower people's courts, it has the power to bring a trial or instruct the lower people's court. retrial.
The Supreme People's Procuratorate finds that the legally effective judgments and rulings of the superior people's courts are indeed erroneous, and has the right to lodge a protest with the people's court at the same level in accordance with the trial supervision procedures.
For cases protested by the People's Procuratorate, the people's court against which the protest was lodged shall form a collegial panel to retry the case. If the original judgment is unclear about the facts and the evidence is insufficient, it may order the lower people's court to retry the case.
Article 255 of the "Criminal Procedure Law of the People's Republic of China"
When the people's court at a higher level instructs a people's court at a lower level to retry a case, it shall instruct the people's court at the lower level other than the people's court of first instance to The people's court of first instance may try the case; if it is more appropriate for the people's court of first instance to try the case, the people's court of first instance may be ordered to try the case.