What about the judicial procedures for unjust, false and wrongful convictions?
According to the relevant provisions of my country's Criminal Procedure Law, unjust, false and wrongly convicted cases can enter the judicial process in the following three ways:
1. Appeal. The subjects of the appeal include the parties, their legal representatives and close relatives. Of course, you can also entrust a lawyer to appeal. The object of acceptance of complaints is the People's Court or the People's Procuratorate. To appeal to the People's Court, the following materials should be submitted: a letter of complaint, the judgment documents of the case such as the judgments and rulings of the first instance and the second instance, and other legal documents that have been reviewed or retried by the People's Court, which should be accompanied by a rejection notice and a retrial decision. , retrial judgments, rulings and other related materials. The court subject to review is the People's Court of Final Appeal, which should make a decision within three months, and no later than six months. Only if the provisions of Article 242 of the Criminal Procedure Law are met, the People's Court will decide to retry the case. If the provisions of this article are not met, the people's court shall notify the complainant in writing that it will still insist on litigation.
2. Court initiation: The Supreme People's Court, the superior people's court and the president of this court submit the case to the judicial committee for discussion and decision. Here you need to pay attention to the following points:
1) The Supreme People’s Court has the right to initiate retrials of effective judgments of people’s courts at all levels (including the Supreme Court);
2) People’s courts at all levels If the president of the court discovers an error in determining the facts or applying the law in a legally effective judgment or ruling, he must submit it to the judicial committee for processing.
3. The Procuratorate begins. For unjust, false, and wrong cases, the parties concerned, their legal representatives, and close relatives may appeal to the People's Procuratorate, which shall handle the case in accordance with the law. If they appeal directly to the People's Procuratorate at the higher level, the People's Procuratorate at the higher level can transfer the complaint to the People's Court at the same level for acceptance. If the case is serious, difficult, or complex, the People's Procuratorate at the higher level may directly accept the case. When the criminal complaint department of the People's Procuratorate concludes its review, it shall issue a criminal complaint review notice and notify the complainant within 10 days.
Conditions and requirements for appeals in criminal cases
1. Subject of appeal
The parties, their legal representatives, and close relatives appeal to the legally effective judgments and rulings , an appeal can be filed with the People's Court or the People's Procuratorate, but the execution of the judgment or ruling cannot be stopped; if a person outside the case believes that the legally effective judgment or ruling infringes upon his or her legitimate rights and interests, he or she may file an appeal; he or she may entrust a lawyer to appeal.
2. Time limit for appeal
The time limit for filing an appeal is within two years after the execution of the sentence. If it exceeds two years, the people's court will not accept it. However, if one of the following circumstances occurs, the appeal shall be Acceptance: The defendant in the original trial can be acquitted; if the defendant in the original trial files a complaint within the prescribed time limit, the people's court will not accept it; it is a difficult, complex, and major case.
3. Reasons for complaint
(1) There is new evidence proving that the facts identified in the original judgment or ruling are indeed wrong, which may affect the conviction and sentencing;
(2) The evidence on which the conviction and sentencing is based is inaccurate and insufficient and should be excluded in accordance with the law;
(3) There is a contradiction between the main evidence proving the facts of the case;
( 4) The main factual basis changes or is revoked in accordance with the law;
(5) The conviction is wrong;
(6) The sentencing is obviously inappropriate;
( 7) Violation of legal provisions on retroactivity;
(8) Violation of statutory procedures that may affect fair judgment;
(9) Judges who have committed corruption or bribery when hearing cases, Engaging in malpractice for personal gain and bending the law.
4. Materials to be submitted for appeal
(1) Petition. The basic information, contact information, facts and reasons for the complaint should be stated;
(2) The original first-instance and second-instance judgments, rulings and other legal documents.
After review or retrial, the people's court shall attach a notice of rejection, retrial decision, retrial judgment and ruling;
(3) Other relevant materials. If there is new evidence proving that the facts determined in the original judgment or ruling are indeed erroneous, relevant evidence and materials should be attached; when the people's court applies for investigation and evidence collection, it should attach relevant clues or materials.