In judicial practice, people may be exposed to appeals and applications for retrial. Many people take it for granted that the parties can file a complaint or apply for retrial, and even think that complaint and application for retrial are the same concept. This is actually a big misunderstanding. Applying for retrial and appealing are completely different meanings.
According to relevant laws and regulations, complaints mainly have the following characteristics:
In China's criminal procedure laws and regulations, there is no application for retrial, and the parties can only appeal if they refuse to accept it.
In order to pass the appeal scheme, criminal cases must meet the conditions for the people's court to start retrial. The main body of retrial is the Supreme People's Court and local people's courts at all levels, and procuratorates at all levels can also initiate retrial procedures.
The appeal of the parties must meet the following conditions before the retrial can be started:
The possibility that a party wants to reverse his conviction by appeal is really small in judicial practice, because the appeal of the party may not necessarily lead to the people's court starting the retrial procedure, and the people's court will start the retrial procedure only if it meets the corresponding legal provisions.
Because the parties have no strong power to directly investigate and collect evidence, it is very difficult to collect evidence or clues that conform to the retrial procedure initiated by the people's court.
Therefore, in judicial practice, many parties are dissatisfied with the judgment documents of the original trial, and it is really difficult and impossible to reverse the case through appeal. Of course, if the judgment document of the original trial really meets the conditions for starting a retrial, the parties also have corresponding evidence, and they can completely start the retrial procedure.
Is it possible to overturn a criminal appeal case?
It can be said that the possibility of reversing a criminal case is very small.
There are several main reasons.
First, criminal cases have been investigated by countless people in the three major systems of public security and inspection law, and the possibility of problems is very small. If there is a problem, it must be that all three systems have problems, and one of them has no problem and will not form a wrong case.
Second, once a criminal case becomes a wrong case, it is by no means a matter of losing some money, and someone will definitely be held accountable. If these people are held accountable, they will go to jail, and the difficulty can be imagined.
Third, the vast majority of misjudged cases in history are not the problem of one or two people at the grassroots level. It is often the court's * * * who has a problem with the superior. For example, when Zhang Yue was the secretary of Hebei Politics and Law Committee, there were some misjudged cases. He said that the case to be done would revolve around his intention, which is also difficult to turn over.
Typical case: Hugue Gilles pattern, 1996 was sentenced to death for rape and murder and executed immediately. Family members cried out their dissatisfaction, but to no avail. Ten years later, Zhao Zhihong, the real murderer of this rape and murder case, was arrested, and he confessed that he did it himself. It was not until the end of 20 14 that the relevant departments declared Hugue Gilletu innocent, which lasted nearly 20 years.
Give three real (approximate) examples:
1. A policeman confessed to killing his wife (also a policeman) and a police leader related to his wife under the condition of extorting a confession by torture, and was sentenced to death several times and changed his sentence again and again.
Moreover, according to the judgment of senior scouts, his fingerprints were on the car at the scene, but the gun could not be found.
In fact, the pistol was stolen by another criminal outside the case, and later the gun was accidentally found in other cases.
In other words, without this "accident", he would have been buried now;
Second, the Zhao Zuohai case.
Zhao Zuohai was a terrible person in the village, so after the people who had problems with him disappeared, he was tortured to confess to killing someone (there was a body in the village at that time), but he was imprisoned for lack of evidence. As a result, many years later, the "dead" actually returned to the village alive.
In other words, if the "dead man" had not returned to the village, Zhao Zuohai would have died now;
Three. Big case
Hugue Gilletu, because he did a good thing and reported it to the police, the person in charge of the police thought he was smart. He was tortured to confess to killing the woman in the ladies' room and was soon shot.
Although poor parents hired famous lawyers to defend them, it didn't help. As a result, it was many years before the real murderer was arrested. He took the initiative to tell the truth and cleared Huge. Unfortunately, the teenager has already turned to the ground!
So:
The possibility of reversing a criminal case is very small!
First, the laws of the country are relatively perfect now, and the possibility of wrong application of laws is very small.
Second, there are basically no sports referees now, and there is no problem that a group of people deliberately punish a group of people.
Third, it is rare to deliberately create cases to come to cheat people.
Fourth, there are very few cases of extorting confessions by torture, and there are very few unjust, false and wrong cases.
Five, now the legal level of the investigators is already very high, and it is rare to see misjudged cases because of the legal level.
6. There are many preventive measures and mechanisms to prevent misjudged cases, and the possibility of misjudged cases is very small.
In short, there are very few misjudged cases now, so the possibility of reversing the case is very small!
In any social system, there will be unjust, false and wrong cases at any time. The law is dead, and those who enforce it are alive. People are selfish, people have limitations in understanding, and people have a "preconceived" thinking inertia. When a case is suspected of being unjust, false and wrong, some law enforcers do not examine the details of the case from the requirements of the seriousness, fairness and professional ethics of the law, but insist on making mistakes on the premise of safeguarding the interests of the "clique" and their own interests. In this way, the possibility of reversing criminal appeal cases is reduced and the difficulty is increased. We can look at history and real life. Which unjust case, false case or misjudged case didn't get the "belated justice" of gratitude after years, decades and decades of bumpy persistence?
The possibility of committing a crime in a criminal case is small, mainly because the case is cooperated by many people and there are few opportunities for making mistakes. However, due to the traditional concept of criminal justice and the existing criminal procedure system that is conducive to prosecution, the appeal cost of criminal cases is very high, which makes most appeal cases unable to formally enter the retrial procedure. It is not uncommon for criminal judicial units to violate the law in practice.
Whether the criminal appeal can be overturned mainly depends on whether the facts ascertained are correct and whether the evidence is sufficient and conclusive. If the facts of the case are wrong, the evidence is flawed and contradictory, and the evidence chain cannot be formed when determining the criminal facts, there is the possibility of reversing the case.
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