How the second-instance people's court handles appeals and protest cases against the first-instance judgment (2) If the original judgment has no errors in determining the facts, but there are errors i

How the second-instance people's court handles appeals and protest cases against the first-instance judgment (2) If the original judgment has no errors in determining the facts, but there are errors in the application of the law, or the sentence is inappropriate, the sentence should be changed (3) If the facts found in the original judgment are unclear and the evidence is insufficient, the judgment may be changed after the facts are ascertained; or the original judgment may be revoked and sent back to the original People's Court for a new trial. "--"After the first-instance People's Court makes a judgment on a case that is remanded for retrial in accordance with the provisions of Item 3 of the preceding paragraph, and the defendant files an appeal or the People's Procuratorate files a protest, the second-instance People's Court shall make a decision in accordance with the law not to remand the first-instance case. The judgment or ruling of the people's court shall be retried. This article stipulates the different outcomes of appeals and protests against the first-instance judgment. According to the regulations, the People's Court of Second Instance made the following five rulings: (1) reject the appeal and protest, and uphold the original judgment. This applies to situations where the original judgment correctly identified the facts and applied the law, and the sentence was appropriate. (2) Change of sentence. Applicable to two situations: (4) The original judgment established the facts correctly, but applied the law incorrectly, or the sentence was inappropriate. (3) The facts found in the original judgment were unclear or the evidence was insufficient, but the facts can be found out after the second-instance People's Court heard the case. In these two cases, the people's court of second instance shall not remand the case for retrial on the grounds that the facts are unclear and the evidence is insufficient. (3) The ruling was made to revoke the original judgment and remand the case for retrial. This applies to two situations: when the facts found in the original judgment are unclear or the evidence is insufficient, and the people's court of second instance cannot find out the facts after trial. (2) The second-instance People's Court determines that the trial by the first-instance People's Court violated any of the circumstances stipulated in Article 227 of the Criminal Procedure Law. If the people's court of second instance makes a ruling to remand for retrial, it shall state in detail the reasons and legal basis for remanding the case for retrial. (4) Not guilty verdict. If the defendant is dead and the defendant's innocence can be confirmed based on the facts of the case and the identified evidence materials, the defendant shall be acquitted. (5) Ruling to terminate the trial. If the defendant dies and is deemed to have constituted a crime upon review, the trial shall be terminated. In order to avoid cases being repeatedly remanded for retrial and prolonged delays in resolution, the revised Criminal Procedure Law has added requirements for handling appeals and protest cases after the judgment of cases remanded for retrial. According to the second paragraph of this article and the relevant provisions of this Law, if a case is remanded for retrial and is appealed or protested, the people's court of second instance shall make a judgment or ruling in accordance with the law, and shall not remand the case to the people's court of original instance for retrial, except for the violation of legal procedures. Cases remanded for retrial are not subject to the restriction that they can only be remanded once. Four situations can be distinguished: (1) If the above-mentioned situations (1), (2), (4), and (5) are met, corresponding handling results should be made; (2) Only some of the criminal facts are clear and the evidence is reliable and sufficient. , this part of the criminal facts should be identified and a verdict pronounced; 3) After trial, if the facts that the defendant was found guilty of in the original trial are still unclear and the evidence is insufficient, a judgment or ruling should be made in accordance with the law; (4) There is insufficient evidence and the alleged crime cannot be established , a judgment or ruling should be made in accordance with the law. If there is insufficient evidence and the alleged crime cannot be established, the case shall be ruled to be acquitted; (4) If there is one of the circumstances stipulated in Article 227 of the Criminal Procedure Law and legal procedures are violated, the case shall be ruled to be remanded for retrial.