Legal analysis: 1. The defendant, the private prosecutor and their legal representatives raise objections to the facts and evidence identified in the judgment of first instance, which may affect the conviction and sentencing. This situation is the most commonly used reason for criminal defense lawyers in second instance to apply for public hearing. 2. Appeal cases in which the defendant was sentenced to death. In a case of immediate execution of the death penalty of first instance, if the defendant appeals, it shall be heard in court; A case sentenced to death with a two-year suspension of execution in the first instance shall also be heard in court if conditions permit. 3. Cases protested by people's procuratorates. As long as it is a case protested by the procuratorial organ, whether the defendant appeals or not, it should be heard in court, and the protest by the procuratorial organ may also affect the application of the principle of no additional punishment on appeal. If the defendant appeals, no matter whether the court of second instance commutes the sentence or remands the case for retrial, the punishment cannot be aggravated, except that the procuratorate protests and the private prosecutor appeals. Fourth, other cases that should be heard in court.
Legal basis: Article 234 of the Criminal Procedure Law of People's Republic of China (PRC). The people's court of second instance shall form a collegial panel to hear the following cases:
(a) the defendant, the private prosecutor and his legal representative raised objections to the facts and evidence ascertained in the first instance, which may affect the conviction and sentencing;
(2) An appeal case in which the defendant was sentenced to death;
(3) Cases protested by people's procuratorates;
(4) Other cases that should be heard in court. If the people's court of second instance decides not to hold a hearing, it shall interrogate the defendant and listen to the opinions of other parties, defenders and agents ad litem. The people's court of second instance may hear an appeal or protest case in the place where the case occurred or in the people's court that originally tried the case.