According to the law, in the trial process from the first trial to the second trial, the defender may request the procuratorial organ to provide it according to law, or request the procuratorial organ to urge the public security investigation organ to provide evidence in favor of the defendant that has not been submitted before.
Can new evidence be submitted in the second criminal trial?
New evidence can be submitted in the second instance. According to Article 319 of the Supreme People's Court's Interpretation of Application, during the second trial, if the people's procuratorate or the defendant and his defender present new evidence, the people's court shall promptly notify the other party to consult, extract or copy it. Paragraph 1 of Article 231 of the Criminal Procedure Law stipulates that if the defendant, private prosecutor, plaintiff in incidental civil action and defendant appeal through the people's court of first instance, the people's court of first instance shall transfer the appeal together with the case file and evidence to the people's court at the next higher level within three days, and send a copy of the appeal to the people's procuratorate at the same level and the other party.
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Legal basis: Article 227th of the Criminal Procedure Law.
Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels.
The defendant shall not be deprived of the right to appeal under any pretext.