Xinyu criminal retrial lawyer ranking

If you are dissatisfied with the final judgment of the Provincial High Court, you can apply to the Provincial High Court or the Supreme Court for retrial, or you can appeal to the procuratorate.

According to the Criminal Procedure Law of People's Republic of China (PRC)

Article 199 If a party considers that a legally effective judgment or written order is wrong, it may apply to the people's court that originally tried it or the people's court at the next higher level for retrial.

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(twelve) the legal documents on which the original judgment or ruling was based have been revoked or changed;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

Extended data

Under any of the following circumstances, the parties may apply to the people's procuratorate for procuratorial suggestions or protests:

(a) the people's court rejected the application for retrial;

(two) the people's court fails to make a ruling on the retrial application within the time limit;

(3) There are obvious errors in the retrial judgment or ruling.

Reference source

National People's Congress Network-People's Republic of China (PRC) Civil Procedure Law