1, the people's court, after receiving the proposal for retrial, shall conduct a review according to the following circumstances:
(1) Form a collegial panel for review within three months. If it is found that the original judgment, ruling or conciliation statement is indeed wrong and needs retrial, it shall rule for retrial and notify the parties concerned;
(2) If it is decided not to retry after examination, it shall give a written reply to the People's Procuratorate.
2, the legal basis: "the Supreme People's Court on the application of
Interpretation of Article 417.
Second, what is the difference between criminal prosecution suggestions and protests?
1, put forward in different ways:
The procuratorial suggestions shall be put forward by the people's procuratorates at all levels to the people's courts at the same level. The proposing organ, that is, the procuratorial organ, has no restrictions on the trial level, and the grassroots people's procuratorate can directly submit it to the people's court under supervision at the same level; The Supreme People's Procuratorate lodged a protest with the people's courts at all levels, and the people's procuratorate at a higher level lodged a protest with the people's court at a lower level. This is a "top-down" protest mode. Grass-roots people's procuratorates have no right to protest, and only through the examination and approval at the same level can they realize the procuratorial supervision function.
2, the review cycle is different:
The time limit for examination of procuratorial suggestions, the people's court shall, after receiving the procuratorial suggestions for civil retrial, conduct examination within three months and reply the examination results in writing to the people's procuratorate. In the case protested by the people's procuratorate, the people's court accepting the protest shall make a retrial ruling within 30 days from the date of receiving the protest.
3. Different legal effects:
The procuratorial suggestion is a suggestion made by the people's procuratorate to the people's court, which needs to be reviewed by the people's court at the same level before deciding whether to start the retrial procedure. After examination, the people's court considers that it meets the statutory reasons for retrial, and starts the retrial procedure; otherwise, it will not start the retrial procedure.
If the people's procuratorate that put forward the procuratorial proposal thinks that the people's court's decision not to retry is improper, it may also request the people's procuratorate at a higher level to lodge a protest with the people's court at the same level. Therefore, the retrial procuratorial suggestion is a kind of "flexible supervision". Protest will inevitably lead the people's court to start retrial procedure, which is a kind of "rigid supervision".
According to the provisions of the judicial interpretation of the Civil Procedure Law, the people's court shall form a collegial panel for review within three months after receiving the retrial proposal. If it is found that the original judgment, ruling or conciliation statement is indeed wrong and needs retrial, it shall be ruled for retrial; If it decides not to retry, it shall give a written reply to the people's procuratorate. I hope the above content can help you. If you have any other questions, please click the button below or consult a professional lawyer.