Legal analysis
Criminal case revision: 1. If the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the charges were obviously wrong, the punishment of the original judgment will not be aggravated after the revision of the judgment. 2. If the facts of the original judgment are unclear or the evidence is insufficient, the judgment can be revised after the facts are ascertained, the criminal law can be correctly applied, the crime can be punished, and the legitimate rights and interests of the parties can be protected. 3. If the parties are omitted from the original judgment or the legal procedures are seriously violated, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, so as to safeguard the unity and dignity of national laws. The people's court of second instance shall form a collegial panel when hearing an appeal case. After reading the papers, interrogating the defendant and listening to the opinions of other parties, defenders and agents ad litem, the collegial panel may not hold a hearing if the facts are clear. The people's court of second instance shall hold a hearing on the case protested by the people's procuratorate. The second instance of a criminal case is usually closed in two months.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 227 The defendant, the private prosecutor and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of the local people's courts at various 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.
Article 232 Local people's procuratorates at various levels shall lodge a protest against the judgment or ruling of first instance of the people's court at the same level through the people's court that originally tried the case, and send a copy of the protest to the people's procuratorate at the next higher level. The people's court that originally tried the case shall transfer the protest together with the case file and evidence to the people's court at the next higher level and send a copy of the protest to the parties. If the people's procuratorate at a higher level thinks that the protest is improper, it may withdraw the protest from the people's court at the same level and notify the people's procuratorate at a lower level.
208th Article When trying a case of public prosecution, the people's court shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case. The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.