First, do you want to reissue the certificate? Article 43 of the Regulations on Case Inspection of Disciplinary Inspection Organs in communist party, China: "If insufficient evidence is found during the trial, it shall be supplemented; If the main facts of the case are not clear, supplementary investigation shall be made. This shows that if there is something wrong with the evidence, it must be supplemented.
Second, who will reissue the certificate? 1994 "Detailed Rules for the Implementation of the Regulations on Case Inspection of Disciplinary Inspection Organs in communist party, China" stipulates: "In the process of trial, if it is necessary to supplement individual certificates, it shall be handled directly by the courtroom; If the trial room thinks that the main facts of the case are unclear or need to be supplemented by the discipline inspection room, it shall put forward opinions and report them to the leaders in charge of the trial room and the discipline inspection room for approval, and the discipline inspection room will supplement the investigation. "
In 2008, the Opinions of the CPC Central Commission for Discipline Inspection on Further Strengthening and Standardizing Handling Cases also stipulated the same meaning, that is, according to the difficulty of the case, it should be handled by the trial room or the examination room.
Third, what should I do if I can't make up the certificate? If it is really impossible to supplement the investigation and fully ascertain the facts of the case due to the passage of time, it should strictly meet the requirements of the "24-character" trial policy, and the facts that are in doubt and lack of evidence cannot be used as the basis for punishment.
Criminal Procedure Law of the People's Republic of China
Article 236? After hearing the case of appeal or protest against the judgment of first instance, the people's court of second instance shall handle it separately according to the following circumstances:
(1) If the facts and applicable laws were found to be correct in the original judgment and the sentence was appropriate, the appeal or protest shall be ruled to be rejected and the original judgment shall be upheld.
(2) If the original judgment found that the facts were not wrong, but the applicable law was wrong, or the sentence was improper, it shall be revised.
(3) If the facts in the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained; You can also make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for a new trial.
If the defendant appeals or the people's procuratorate protests after the people's court of first instance has made a judgment on the case sent back for retrial in accordance with the provisions of the third paragraph of the preceding paragraph, the people's court of second instance shall make a judgment or ruling according to law and will not send it back to the people's court of first instance for retrial.