civil code
Article 170 After hearing an appeal case, the people's court of second instance shall handle it separately according to the following circumstances:
(a) the original judgment or ruling found that the facts were clear and the applicable law was correct, and the judgment or ruling rejected the appeal and upheld 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 are omitted from the original judgment, or the judgment violates legal provisions and other serious violations of 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.
It is believed that the court of first instance has improper application of laws or improper trial procedures in the trial of cases.
What is the procedure of sending the second instance of criminal proceedings back to the first instance? It may be unclear facts, insufficient evidence or illegal procedures.
What happens if the second instance is returned to the first instance? The court of second instance will return the case to the court of first instance. Generally speaking, it is sent back for retrial, but there is a ruling.
Can the trial of the second instance return to the court of first instance? According to the provisions of Articles 189 to 19 1 of the Criminal Procedure Law, the court of second instance shall deal with the cases of appeal and protest against the judgment of first instance respectively according to the circumstances listed in the first paragraph: Article 1, the judgment of the first instance found the facts correct, the evidence was true and sufficient, the applicable law was correct, and the sentence was appropriate. 2. If the original judgment found that the facts were not wrong, but the applicable law was wrong or the sentence was improper, the court of second instance shall revoke the original judgment and make a new judgment, and make clear the basis and reasons for the revision in the judgment. 3. If the facts of the original judgment are unclear or the evidence is insufficient, the court of second instance may revise the judgment after ascertaining the facts, or it may decide to revoke the original judgment and send it back to the court of first instance for retrial. 4. If it is found that the court of first instance has one of the following proceedings in violation of the law, it shall make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for retrial: (1) Violation of the Law on Public Trials. (2) Violating the challenge system. (3) depriving or restricting the legal litigation rights of the parties. (4) The composition of the judicial organization is illegal. (five) other proceedings in violation of the law, which may affect the fair trial.
After the trial of the second instance, can the judge send the case back to the first instance for retrial? Generally, the facts are unclear or the applicable law is wrong. If none of them exist, they won't be sent back.
When will the file be returned to the court of first instance in the second instance, if the basic facts are unclear, or the parties are omitted, or the judgment is illegal by default. To revoke the original judgment and send it back to the people's court that tried the case for retrial.
Article 170 of the Civil Procedure Law After hearing an appeal case, the people's court of second instance shall handle it separately according to the following circumstances:
(a) the original judgment or ruling found that the facts were clear and the applicable law was correct, and the judgment or ruling rejected the appeal and upheld 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 are omitted from the original judgment, or the judgment violates legal provisions and other serious violations of 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.
What do you mean, hope for the first trial and the second trial? First instance refers to the first-level trial of a case by the court. In China, ordinary cases of first instance are under the jurisdiction of basic people's courts, but cases of first instance with serious nature, complex problems and wide influence are under the jurisdiction of intermediate people's courts, higher people's courts and the Supreme People's Court. The Supreme People's Court's first trial is final.
The second instance, also known as the appeal trial procedure, is the steps and methods that the people's court of second instance should follow when trying the facts and applicable laws determined by the judgments and rulings of the people's court of first instance that have not yet taken legal effect according to the appellant's appeal or the people's procuratorate's protest.
Why did the second trial return to the first trial for retrial soon after the trial? Lawyer Huang answers your questions as follows:
Ask the judge.