Can the second instance of a criminal case be heard without a court hearing?

In our lives, some criminal cases are likely to occur. After a trial of some criminal cases, some parties may be dissatisfied with the verdict. At this point, they can apply for an appeal. Below, in order to help you better understand the relevant legal knowledge, I have compiled the following content, I hope it will be helpful to you.

1. Can’t the second instance trial of a criminal case be held?

Generally not allowed.

Second, legal provisions

According to the judicial interpretation of the Criminal Procedure Law:

Article 317 In accordance with Article 220 of the Criminal Procedure Law According to the first paragraph of Article 3, the following cases shall be heard in court:

(1) The defendant, private prosecutor and his legal representative raise objections to the facts and evidence discovered in the first instance, which may affect the conviction and sentencing. Appeal cases;

(2) Appeal cases in which the defendant was sentenced to death and executed immediately;

(3) Cases in which the People’s Procuratorate protested;

(4) ) Other cases that should be heard in court.

The defendant who was sentenced to death and executed immediately did not appeal. The People's Court of second instance should hear the appeals of other defendants in the same case.

Although appeal cases in which the defendant is sentenced to death with a suspended execution do not fall under the circumstances specified in Paragraph 1, Paragraph 1, a court hearing shall be held if conditions permit. (It can be understood that if there are conditions, the court can be held, but if there are no conditions, the court can not be held).

Based on the above provisions, it is recommended that the defendant or defense lawyer try to object to the facts and evidence found in the first instance during the appeal, so as to affect the conviction and sentencing, so as to strive for the opening of the second instance and give the second instance more opportunities to change the sentence.

The above content is related answers. Under normal circumstances, if it is a criminal case, there will usually be a second trial. In rare cases this will not take place, but if it is to take place the conditions must be met. Generally, the defendant or other legal representative raises objections to the facts or evidence found in the first instance.