How to try criminal retrial cases and which criminal cases can be retried according to the trial supervision procedure.

1. A case retried by a people's court in accordance with the procedure of trial supervision shall be conducted by a collegial panel. If it turns out to be a case of first instance, it shall be tried in accordance with the procedure of first instance, and the judgment or ruling made may be appealed or protested; If it is a case of second instance, or a case brought before a people's court at a higher level, it shall be tried in accordance with the procedure of second instance, and the judgment and ruling made shall be final. According to the provisions of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC), the people's court shall make a retrial decision for a case decided to be retried according to the trial supervision procedure, except that the people's procuratorate protests. During the retrial, the execution of the original judgment or ruling shall not be stopped. If the case retried by the people's court in accordance with the procedure of trial supervision was originally a case of first instance, it shall be tried in accordance with the procedure of first instance, and the judgment or ruling made may be appealed or protested; If it is a case of second instance, or a case brought before a people's court at a higher level, it shall be tried in accordance with the procedure of second instance, and the judgment and ruling made shall be final. In criminal cases of private prosecution retried in accordance with the procedure of trial supervision, a judgment or ruling shall be made according to law; The incidental civil part can be settled through mediation. Second, how to deal with criminal retrial cases After retrial, retrial cases should be handled according to the following circumstances: (1) If the original judgment or ruling finds that the facts and applicable laws are correct and the sentence is appropriate, the ruling rejects the appeal or protest; (2) If there are no errors in the facts ascertained in the original judgment or written order, but there are errors in the application of the law or improper sentencing, the judgment shall be revised. If a case tried in accordance with the procedure of second instance considers that the defendant must be sentenced to death immediately, it shall be directly commuted and reported to the Supreme People's Court for approval; (3) In a case where the defendant should be punished for several crimes, if the original judgment or written order was not convicted and sentenced separately, the original judgment or written order shall be revoked, and the punishment shall be decided again; (4) In a case tried in accordance with the procedure of second instance, if the facts of the original judgment or ruling are unclear or the evidence is insufficient, the original judgment may be revised or revoked after the facts are ascertained and sent back to the people's court that originally tried the case for retrial. If the facts ascertained in the original judgment or ruling are unclear and the evidence is insufficient, which cannot be ascertained after retrial, and the defendant in the original trial cannot be found guilty due to insufficient evidence, the judgment shall declare the defendant innocent with reference to the provisions of Item (4) of Article 176 of this Interpretation.