Can conviction be reversed?

Of course, the situation can be reversed. After the case is concluded, whether it is a criminal, civil or administrative case, as long as there is evidence to prove that it is a false and wrong case, you can apply to a higher court or procuratorate for judicial trial supervision and request a retrial. Accurately speaking, this procedure is not called cassation, but a way to deal with a case after it comes to an effective judgment. The legal term is appeal.

As long as there is enough evidence to prove that the basis of the previous judgment is wrong, there is a great possibility of success in the appeal (the form of success in the appeal is either innocence or commutation). Different from the system of second instance and final adjudication, retrial is a trial supervision mechanism. Generally speaking, if the trial of three types of cases is really unjust, false and wrong, then the parties have the right to claim their legitimate rights and interests.

According to the criminal procedure law of China

Chapter V Procedure of Trial Supervision

Article 252

The parties, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling.

Article 253 The people's court shall retry the appeal of the parties, their legal representatives or close relatives in any of the following circumstances:

(a) there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing;

(2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case;

(3) The application of the law in the original judgment or ruling is indeed wrong;

(four) in violation of legal procedures, which may affect the fair trial;

(5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law.

Extended data:

Reversal of unjust, false and wrong cases:

20 16 12 the Supreme People's Court second circuit court acquitted Nie Shubin. Nie Shubin, who was wronged for 2 1 year, was finally rehabilitated. In the solemn court, 72-year-old Neme Zhang Huanzhi broke down in tears.

"I've been waiting for this acquittal for too long. I am satisfied with the result, but my son will never come back. I miss him very much. " Zhang Huanzhi said. In the past 2 1 year, in order to get her son's innocence back, she ran around and hit a wall everywhere, but never gave up.

Since the 18th National Congress of the Communist Party of China, the national judicial system has corrected 34 major unjust, false and misjudged cases, including the Nie Shubin case, involving 54 parties, which has aroused great concern from all walks of life. The belated acquittal, though full of bitterness, is gratifying.

"We have seen the country's determination to correct unjust, false and wrong cases and the effectiveness of judicial reform, and hope that similar tragedies will not happen again." Wang, a lawyer at Beijing Law Firm, said.

How to establish a litigation system and working mechanism to correct and strictly guard against unjust, false and misjudged cases according to law, so that justice will not be late again, has become a major issue of concern to judicial organs and all sectors of society.

References:

China People's Congress Network-People's Republic of China (PRC) Criminal Procedure Law

References:

People's Daily Online-Say "No" to False and Misjudged Cases