(a) does not belong to the jurisdiction of the court, decided to return to the people's Procuratorate;
(2) If the defendant (appellant) in the original trial cannot be found according to the address of the defendant (appellant) in the original trial provided by the protest, the people's court shall request the people's procuratorate that lodged the protest to assist in finding it; If it cannot be found with assistance, it shall be decided to return it to the people's procuratorate;
(3) If the protest does not specify the exact address of the defendant (the appellant in the first instance), the people's procuratorate shall be required to supplement it within seven days. If the supplement is still unclear or overdue, the original judgment shall be upheld;
(4) If a protest is filed on the grounds that there is new evidence to prove that the facts ascertained in the original judgment or ruling are indeed wrong, but a new catalogue of evidence, a list of witnesses and a copy or photo of the main evidence are not attached, the people's procuratorate shall supplement it within seven days; If the supplement is still incomplete or overdue, the original judgment shall be upheld. Article 3 Where a complaint is filed on the grounds that there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, a new catalogue of evidence, a list of witnesses and copies or photos of the main evidence shall be attached. If it is necessary to apply to the people's court for evidence, it shall be accompanied by evidence clues. If it is not attached, it shall be supplemented within seven days; If the correction is still incomplete or overdue, it shall decide not to accept it. Article 4 Members of the collegial panel who have participated in the first, second and review procedures of this case shall not participate in the retrial procedure of this case. Article 5 When trying the following retrial cases, the people's court shall hold a court session according to law:
(a) According to the procedure of first instance;
(2) Facts or evidence that need to be tried in accordance with the procedure of second instance;
(3) The people's procuratorate protested in accordance with the procedure of trial supervision;
(four) the defendant (appellant) in the original trial may increase the punishment;
(five) there are other circumstances that should be heard in court. Article 6 The following retrial cases may be tried without a court session:
(a) the original judgment or ruling found that the facts were clear and the evidence was true and sufficient, but the application of the law was wrong and the sentence was extremely heavy;
(2) 1979 Before the implementation of the Criminal Procedure Law of People's Republic of China (PRC);
(3) The defendant in the original trial (the appellant in the original trial) or the private prosecutor in the original trial has died or lost the capacity for criminal responsibility;
(4) The defendant of the first instance (the appellant of the first instance) is serving his sentence in a prison in a remote area with very inconvenient traffic, and it is indeed difficult to bring him to court; However, if the people's procuratorate protests, the people's court shall obtain the consent of the people's procuratorate;
(5) The people's court decides to retry the case in accordance with the procedure of trial supervision, and the people's procuratorate still fails to send personnel to appear in court in accordance with the provisions of Item (5) of Article 9 of these Provisions after two notifications. Article 7 When the people's court tries a retrial case of the same crime, the retrial decision of the people's court or the protest of the people's procuratorate only brings a retrial to some defendants (appellants in the original trial) in the original trial, and other defendants in the original trial who are not involved in the case (appellants in the original trial) do not appear in court, which does not affect the trial of the case.
Part of the defendants in the original trial (the appellant in the original trial) were unable to appear in court under the circumstances specified in Items (3) and (4) of Article 6 of these Provisions, which did not affect the trial of the case. Article 8 In retrial, unless the people's procuratorate lodges a protest, the defendant (the appellant in the original trial) shall generally not be given heavier punishment.
According to the provisions of Item (2), Item (3), Item (4), Item (5), Item (6) and Article 7 of Article 6 of these Provisions, if the hearing conditions are not met, or if the defendant fails to appear in court to participate in the proceedings, the defendant who did not appear in the original trial (the appellant in the original trial) or the defendant in the original trial of the same case (the same case) shall not be aggravated. Article 9 Before a court session, the people's court shall:
(a) to determine the members of the collegial panel;
(2) Send the retrial decision and a copy of the indictment to the people's procuratorate at the same level at the latest 30 days before the court session, and notify them to consult the file and prepare to appear in court at the latest 60 days before the court session;
(3) Deliver a copy of the retrial decision or protest to the defendant (the appellant in the first instance) at the latest 30 days before the court session, and inform him that he can entrust a defender or a lawyer who undertakes legal aid obligations as a defender according to law;
(four) at the latest fifteen days before the court session, and at the latest sixty days before the court session for major and difficult cases, notify the defender to consult the case file and prepare to appear in court;
(5) Inform the people's procuratorate of the time and place of the court session seven days before the court session;
(6) Summon the parties and notify the defenders, agents ad litem, witnesses, expert witnesses and translators, and the summons and notice shall be delivered at least seven days before the court session;
(7) For a case to be tried in public, the cause of action, the name of the defendant (the appellant in the first instance), the time and place of the court session shall be announced in advance seven days before the court session. Article 10 When a people's court hears a retrial case protested by a people's procuratorate, if the people's procuratorate fails to appear in court after receiving a notice to appear in court, it shall order the people's procuratorate to withdraw the protest and notify the participants in the proceedings.