Can criminal cases be retried?

Legal analysis: A criminal case can only be sent back for retrial once because of unclear facts or insufficient evidence. According to the Notice of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Strictly Implementing the Criminal Procedure Law and Effectively Preventing Extended Detention, the people's court of second instance can only make a ruling to revoke the original judgment once and send it back to the people's court that originally tried it for retrial. After verification, only if the facts of some crimes are clear and the evidence is sufficient can these crimes be identified and sentenced; After verification, if the facts are still unclear or the evidence is insufficient, a verdict of innocence shall be made according to law, because the alleged crime cannot be established because of insufficient evidence, and a decision cannot be delayed.

Legal basis: People's Republic of China (PRC) Civil Procedure Law.

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.

Article 199 If a party considers that a legally effective judgment or ruling is wrong, it may apply to a people's court at the next higher level for retrial; A case with a large number of people or both citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.

Article 200 The people's court shall retry the application of a party under any of the following circumstances:

(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 main evidence needed for the trial of the case, the parties can not collect it by themselves due to objective reasons, and apply in writing to the people's court for investigation and collection, but the people's court has not investigated and collected it;

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

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

(8) A person without capacity for litigation has no legal representative, or a party who should participate in the litigation fails to participate in the litigation due to reasons not attributable to him or his agent ad litem.

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

(ten) without a summons, the judgment is made by default;

(eleven) the original judgment or ruling omitted or exceeded the claim;

(twelve) the legal documents on which the original judgment or ruling was based have been revoked or changed;

(thirteen) the judge has corruption, bribery, favoritism, perverting the law in the trial of the case.