1. If the parties, legal representatives, close relatives or lawyers are dissatisfied with the effective judgment, they need to apply to the procuratorate at the same level of the court that made the effective judgment for retrial;
2. You can directly apply to the superior procuratorate of the procuratorate at the same level of the effective court for retrial, which can be accepted by the procuratorate wanted by the effective court. If the case is serious and complicated, the higher procuratorate can also accept it directly;
3. After applying for retrial, if the procuratorate considers it necessary to draw or draw a protest, it shall report to the chief procurator for decision;
4, to review the case of retrial, make a decision within three months.
What is the flow of criminal cases?
The specific processing flow of criminal cases is:
1, report the case;
2. Initial investigation of public security;
3. Put the case on file and the case enters the investigation stage;
4. Take compulsory measures;
5. After the investigation, the public security organ put forward the prosecution opinion, and the case entered the stage of examination and prosecution;
6. Review the order of prosecution;
7. The procuratorate filed a public prosecution and entered the trial stage.
Legal basis: Article 253 of the Criminal Procedure Law of People's Republic of China (PRC).
If a case is retried because of a complaint, the people's court shall retry the case if the complaint of the parties and their legal representatives or close relatives meets one 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.