Article 1 These Provisions shall apply to criminal retrial cases tried in accordance with the procedures of first instance or second instance.
Article 2 After receiving the criminal protest filed by the people's procuratorate in accordance with the procedure of trial supervision, the people's court shall handle it separately according to different situations:
(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 were not involved in the case (appellants in the original trial) did not appear in court and did not affect the trial of the case, so they may not participate in the proceedings;
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.
Article 11 After the people's court decides to retry or accept the protest, if the defendant in the original trial (the appellant in the original trial) is serving his sentence, the people's court shall detain him according to the retrial decision, the protest, the notice sent back for retrial and other documents;
If the defendant in the original trial (the appellant in the original trial) is in custody and the retrial may be changed to innocence, the people's court may obtain bail pending trial after ruling to suspend the execution of the original ruling;
The defendant in the original trial (the appellant in the original trial) was not detained, and it was really necessary to take compulsory measures and met the conditions for taking compulsory measures stipulated by law. After the people's court decides to suspend the execution of the original ruling, it shall take compulsory measures according to law.
Article 12 If the defendant in the original trial (the appellant in the original trial) is missing after receiving the retrial decision or protest, or fails to appear in court after receiving the protest, the people's court shall suspend the trial; After the defendant (appellant) in the original trial arrives at the case, the trial will be resumed; If there is still no whereabouts for more than two years, the trial shall be terminated.
Article 13 The people's court shall notify the people's procuratorate, the parties concerned or the defenders to consult and copy the catalogue, copies and photos of new evidence submitted by both parties 30 days before the court session.
The people's court shall notify both the prosecution and the defense to consult and copy the new evidence catalogue, copies of new evidence, photos and other evidence obtained by the people's court fifteen days before the court session.
Article 14 After both the prosecution and the defense receive the retrial decision or protest, the people's court may submit new evidence before the court session. After trial, the people's court will not accept new evidence except the evidence that is beneficial to the defendant (appellant) in the original trial.
Article 15 Before the court session, the collegial panel shall verify the time and reasons why the defendant (the appellant in the first instance) was sentenced by the people's court according to law, whether he committed another crime during his sentence, whether he was commuted or released on parole, and when he was released after serving his sentence.
Article 16 Before the trial begins, after the defendant (appellant) of the original trial arrives at the scene of the trial, the collegial panel shall find out the basic information of the defendant (appellant) of the original trial and inform the defendant (appellant) of the original trial that he enjoys the right to defense and the right to make a final statement. After the written record is made, it shall be signed by the members of the collegial panel and the clerk respectively.
Article 17 At the opening of the court session, the presiding judge announces the names of the members of the collegial panel, the clerk, the public prosecutor, the defender, the expert witness and the translator, and informs the parties and legal representatives of their right to apply for withdrawal.
Article 18 If the people's court decides to retry, the members of the collegial panel shall read out the retrial decision.
If a retrial is conducted according to the protest of the people's procuratorate, the public prosecutor shall read out the protest.
If the parties and their legal representatives or close relatives lodge a complaint, the defendant in the original trial (the appellant in the original trial) and his defender shall state the reasons for the complaint.
Article 19 Under the presiding judge's auspices, both the prosecution and the defense shall separately state the facts, evidence and applicable laws of the case. The collegial panel summarizes and confirms the uncontroversial and controversial facts, evidence and applicable legal issues between the prosecution and the defense.
Article 20 Under the auspices of the presiding judge, court investigations and debates shall be conducted on controversial issues between the prosecution and the defense.
Article 21 Under the auspices of the presiding judge, both the prosecution and the defense will cross-examine new evidence or disputed evidence in the original trial as the basis for conviction and sentencing.
Article 22 In the debate stage, if the defendant in the original trial (the appellant in the original trial) and his legal representative or close relatives lodge a complaint, the defendant in the original trial (the appellant in the original trial) and his defender will first express their defense opinions, and then the public prosecutor will speak, and the victim and his agent will speak.
If the victim and his legal representative or close relatives lodge a complaint, the victim and his agent shall speak first, the public prosecutor shall speak, and then the defendant (the appellant in the first instance) and his defender shall express their defense opinions. If a protest is filed, the public prosecutor will speak first, the victim and his agent will speak, and then the defendant (the appellant in the first instance) and his defender will express their defense opinions.
If there are both complaints and protests, the public prosecutor will speak first, then the complainant and his agent or defender will speak or express their defense opinions, and then the other party and his agent or defender will speak or express their defense opinions.
With the permission of the presiding judge, the public prosecutor, parties, defenders and agents ad litem may argue with each other.
Twenty-third according to the evidence, cross-examination and debate of the prosecution and the defense, the collegial panel may announce the appraisal results in court.
Article 24 If a party is acquitted after retrial and has the right to apply for state compensation according to law, the collegial panel shall inform him of his right to apply for state compensation after the judgment becomes legally effective.
Article 25 When trying a retrial case, the people's court shall conclude it within three months from the date of making a retrial decision. If it is necessary to extend the time limit, it can be extended for three months with the approval of the president of our hospital.
From the second day after receiving the notice of marking, the time limit of more than seven days after the people's procuratorate consulted the case file shall not be counted as the retrial time limit.
Twenty-sixth in accordance with the procedures of first and second instance, the trial procedure of criminal private prosecution retrial cases shall be implemented with reference to these Provisions.
Twenty-seventh before the promulgation of these provisions, the provisions of the Supreme People's Court on the trial procedure of retrial cases are inconsistent with these provisions, and these provisions shall prevail.
Article 28 These Provisions shall be implemented as of June 6, 2002+10/October 6.