Under normal circumstances, the judgment after the end of the first-instance litigation shall apply, and it will not have legal effect during the appeal period; A judgment made after the application of the procedure of second instance is a legally effective judgment, and the parties may not appeal. However, there are exceptions to any rule, and the trial supervision procedure stipulated in China's criminal procedure law is the exception of the second instance and final adjudication system.
The procedure of trial supervision refers to the procedure that the people's court initiates or applies for a retrial against the organs, organizations or parties that have the power to supervise that the court's legally effective judgment or ruling is indeed wrong. The procedure of trial supervision can be initiated through the appeal of the parties or the protest of the procuratorate.
At the same time, the parties need to meet the following time requirements to start the trial supervision procedure by way of appeal:
(a) the people's court shall accept the complaint filed by the complainant in a criminal case within 2 years after the execution of the penalty.
(two) more than 2 years to lodge a complaint, one of the following circumstances, it shall be accepted:
1, the defendant in the original trial may be acquitted;
2. The defendant in the original trial filed a complaint with the people's court within the prescribed time limit, and the people's court refused to accept it;
3 difficult, complex or major cases.
Therefore, in criminal proceedings, under normal circumstances, the second trial means the end of the trial and the entry into force of the judgment. However, if there are mistakes in the first and second trial cases, which affect the fair judgment, the parties may apply to start the trial supervision procedure. This is also the procedural withdrawal of judicial justice.
Lawyer Feng Jun suggested that although the procedure of trial supervision is stipulated by law, it is difficult to put it forward. It is suggested that the parties should hire a criminal lawyer as soon as possible after filing a criminal case, and don't wait until the case has passed the judgment of the first instance or even the second instance before appealing.