First, after the first trial, do you still need to pay legal fees for the second trial?
For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged. If you do not represent a case of first instance but only a case of second instance, the agency fee will be charged according to the standard of first instance, and other handling fees will remain unchanged. For cases sent back for retrial after the second trial, the agency fee is charged at half of the second trial fee, and other handling fees remain unchanged. The Measures for the Administration of Lawyers' Service Fees stipulates that lawyers' service fees should follow the principles of openness, fairness, voluntary compensation, honesty and credibility. Law firms should facilitate the people, strengthen internal management, reduce service costs, and provide convenient and high-quality legal services for clients. Lawyers' service fees are subject to government guidance and market adjustment. Law firms provide the following legal services in accordance with the law and implement government-guided prices: (1) Acting as agents in civil litigation cases; (2) Acting as an agent in administrative litigation cases; (3) Acting as an agent for state compensation cases; (four) to provide legal advice to criminal suspects in criminal cases, to represent complaints and accusations, to apply for bail pending trial, and to act as the defendant's defender, private prosecutor or agent ad litem of the victim; (5) Acting as an agent for appeals in various litigation cases. The fees charged by law firms for providing other legal services shall be subject to market-regulated prices. Article 6 The benchmark price and fluctuation range of government-guided prices shall be formulated by the competent price departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government in conjunction with the judicial administrative departments at the same level.
Second, how long will the second trial last after the first trial?
According to the provisions of the Criminal Procedure Law, there is no provision on how long it takes from the end of the first instance to the opening of the second instance, but there are provisions on the opening time, which is generally two months after accepting the case. Article 230th of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the time limit for appeal and protest against judgment is ten days, and that for appeal and protest against ruling is five days, counting from the second day after receiving the judgment or ruling. The people's court of second instance shall conclude the appeal and protest cases within two months. For a case that may be sentenced to death or a case with incidental civil action, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for two months with the approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. The time limit for accepting appeals and protests in the Supreme People's Court shall be decided by the Supreme People's Court.
Third, how long should we wait for the second trial after the first trial?
If you refuse to accept the judgment or ruling of first instance, the time limit for appeal and protest is 10 and 15 respectively, counting from the second day after receiving the judgment or ruling. Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level by appeal or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant. The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels. The defendant shall not be deprived of the right to appeal under any pretext. Regarding the trial period of second instance, the people's court of second instance shall conclude the appeal and protest cases within two months. For a case that may be sentenced to punishment or an incidental civil lawsuit, under any of the circumstances specified in Article 156 of this Law, it may be extended for two months with the approval or decision of the Higher People's Court of a province, autonomous region or municipality directly under the Central Government. If it is necessary to extend the time due to special circumstances, it shall be reported to the Supreme People's Court for approval. The time limit for accepting appeals and protests in the Supreme People's Court shall be decided by the Supreme People's Court.
To sum up, the first trial and the second trial are two independent procedures, so the legal fees are charged separately. The above is to introduce in detail whether you still need to pay legal fees after the first trial. If you have any other legal questions, please feel free to consult, and we will have professional lawyers to solve your doubts.