1. Case type: Different types of cases, such as civil, administrative and criminal cases, have different appeal success rates. For example, the appeal success rate of criminal cases is relatively low, because the evidence and facts of criminal cases are relatively clear, while civil and administrative cases are relatively complicated.
2. Geographical factors: Courts in different regions may have different trial results for the same case.
Appeal procedure: The success rate of applying for retrial is relatively low, because the retrial procedure is strict in ascertaining facts and evidence.
Adequate preparation of evidence: In the process of appeal, evidence is the most important, and the parties need to fully prepare evidence, including documentary evidence, physical evidence and witness testimony, to prove their rights and interests.
3. Choose the appropriate appeal procedure: the parties need to weigh the specific circumstances of the case and choose the appropriate appeal procedure.
Matters needing attention in the trial procedure of second instance are as follows:
1. Cases heard in court shall be conducted under the auspices of a collegial panel in accordance with relevant legal procedures;
2. To hear an appeal case, a collegial panel shall generally be formed;
3. The court of second instance conducts a comprehensive review of the facts identified in the judgment of first instance and the applicable laws, and is not limited by the scope of appeal or protest.
To sum up, the probability of winning the appeal will be affected by many factors, and the parties need to choose the appropriate appeal procedure according to their own specific conditions and fully prepare the evidence.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 177
After hearing an appeal case, the people's court of second instance shall handle it separately according to the following circumstances: (1) If the original judgment or ruling finds that the facts are clear and the applicable law is correct, the judgment or ruling rejects the appeal and upholds the original judgment or ruling; (two) the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the judgment was revised, revoked or changed according to law; (3) If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained; (4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial. After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.