2. Retrial refers to the retrial of a case in accordance with the procedure of trial supervision in order to correct the wrong judgment or ruling that has taken legal effect. If you just refuse to accept the judgment, you must have conclusive evidence to prove that the original judgment is wrong before you can apply for a retrial and enter the retrial procedure.
3. Article 241 of the Criminal Procedure Law. 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.
4. Article 242nd of the Criminal Procedure Law. The people's court shall retry the appeal of the parties and their legal representatives or close relatives in any of the following circumstances:
(a) 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, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case;
(3) The application of the law in the original judgment or ruling is indeed wrong;
(four) in violation of legal procedures, which may affect the fair trial;
(5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law.
5, "the Supreme People's Court on the application of
If an outsider considers that a legally effective judgment or ruling infringes upon his lawful rights and interests, the people's court shall examine and handle it.
An appeal can be entrusted to a lawyer.
6, "the Supreme People's Court on the application of
(1) Petition. The basic information, contact information, facts and reasons of the complaint of the parties shall be stated;
(2) Legal documents such as judgments and rulings of the 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.
If the complaint does not conform to the provisions of the preceding paragraph, the people's court shall inform the complainant of the supplementary materials; If the complainant refuses to supplement the necessary materials without justifiable reasons, it will not be reviewed.