(1) The defendant in the original trial may be acquitted;
(2) The defendant in the original trial filed a complaint with the people's court within the time limit stipulated in this article, and the people's court refused to accept it;
(3) Difficult, complicated or major cases.
If it does not conform to the provisions of the preceding paragraph, the people's court shall not accept it.
Article 252 of the Criminal Procedure Law The parties, their legal representatives and their close relatives may appeal to the people's court or the people's procuratorate against a legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling.
Article 253 The people's court shall retry the appeal of the parties, 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.
Article 254 If the presidents of people's courts at all levels find errors in ascertaining facts or applying laws in legally effective judgments and orders, they must submit them to the judicial committee for handling.
The Supreme People's Court has the right to send back or instruct the people's courts at lower levels to retry the legally effective judgments and rulings of the people's courts at all levels. If the people's courts at higher levels find that there are indeed mistakes, they have the right to send back or instruct the people's courts at lower levels to retry.
The Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision if it finds that the legally effective judgment or ruling of the people's court at all levels is wrong, and the people's procuratorate at a higher level has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision.
When a people's procuratorate protests a case, the people's court that accepts the protest shall form a collegiate bench for retrial. If the facts of the original judgment are unclear or the evidence is insufficient, the people's court at a lower level may be ordered to retry.
Article 255 If a higher people's court instructs a lower people's court to retry a case, it shall instruct a lower people's court other than the people's court that originally tried it to hear it. If it is appropriate to have the trial conducted by the people's court that originally tried the case, the people's court that originally tried the case may also be ordered to conduct the trial.
"(20 13) the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law" Article 371 If a party, his legal representative or his near relatives lodge a complaint against a legally effective judgment or ruling, the people's court shall examine and handle it.
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.
Article 372 To appeal to a people's court, the following materials shall be submitted:
(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.
Article 373 A complaint shall be examined and handled by the people's court of final appeal. However, in a case where the people's court of second instance decides to allow the withdrawal of the appeal, if the complainant refuses to accept the judgment of first instance and appeals, it may be examined and handled by the people's court of first instance.
The people's court at a higher level may inform the complainant to file a complaint with the people's court of final appeal, or directly submit it to the people's court of final appeal for examination and handling, and inform the complainant; If the case is difficult, complicated or significant, it can also be directly examined and handled.
If the people's court of final appeal and the people's court at the next higher level directly appeal to the people's court at the next higher level, the people's court at the next higher level may inform the complainant to appeal to the people's court at the next lower level.
Article 374 A complaint against a death penalty case may be directly examined and handled by the people's court that originally tried it, or submitted to the people's court that originally tried it for examination. The people's court that originally tried the case shall write a review report, put forward opinions on handling it, and report it to the people's court that originally approved it for review and handling.
Article 375 An appeal case applying for review shall be within three months, but not more than six months at the latest.
After examination, in any of the following circumstances, a retrial shall be decided in accordance with the provisions of Article 242nd of the Criminal Procedure Law:
(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 and should be excluded according to law;
(3) There are contradictions between the main evidences to prove the facts of the case;
(four) the main factual basis has changed or been revoked according to law;
(five) the crime is wrong;
(6) The sentencing is obviously improper;
(seven) in violation of the provisions of the law on retroactivity;
(eight) in violation of legal procedures, which may affect the fair judgment;
(nine) the judge has corruption, bribery, favoritism, perverting the law in the trial of the case.
If the complaint does not exist in the above circumstances, the complainant shall be persuaded to withdraw the complaint; If you still insist on the complaint, you will be notified in writing to dismiss the complaint.