Reasons why lawyers refused the second trial

Because the second trial is very difficult, the workload is huge, and a lot of materials are prepared. The most important thing is that I am afraid of losing the lawsuit. It's really hard to reverse the case. Lawyers should not only be qualified for retrial, but also want to "reverse the case" many times more difficult than winning the case directly in the first instance. The difficulty lies not only in finding new evidence that can overturn the case, but also in reversing the judge's view on previous cases.

1, the probation period for the second trial and the first trial is the same. Generally speaking, the court of second instance cannot stipulate that the trial should be concluded within two months, and most of them will postpone the trial.

2. The court's review of the second instance is very strict, and it will not accept cases that are too arbitrary or a large number of appeals. Therefore, the second-instance lawyer should not only check the evidence with the opposing lawyer, but also let the judge have a new understanding and view of the case.

The most difficult thing is how to find new evidence to deal with the mistakes made by former agents.

4. More than half of the cases in the second instance procedure upheld the original judgment, 1 1% reduced the sentence, and 4.5% were sent back for retrial. This shows the difficulty of reversing the case.

This explains why lawyers don't like the second trial, and no lawyer is willing to accept the result of one prosecution after another. It is difficult to win the case in the second instance, so in many cases in the second instance, the result that is often heard is "maintaining the judgment of the first instance". If the second trial is successful, of course, everyone will be happy, but none of the lawyers have lost cases in their careers, so most lawyers will not want to play the "second trial".

Article 243rd of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the people's court of second instance shall conclude the case of appeal or protest within two months. For a case that may be sentenced to death or an incidental civil action case, with the approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government, it may be extended for two months.

Article 208th stipulates that after accepting a case of public prosecution, the people's court shall pronounce a judgment within two months, and no later than three months. The trial period of a second-instance case is similar to that of a first-instance case, so it has little to do with whether the trial is held or not. Most of the courts of second instance cannot conclude the case within two months as required, and they all need to postpone the trial.