First, can the appeal be changed after the second trial?
The judgment may change according to the legal situation.
Because China implements the system of final adjudication of second instance, if a party refuses to accept the judgment of second instance, he may not appeal again, but may appeal to the court.
Relevant legal knowledge
Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of People's Republic of China (PRC)
Article 389 After retrial, a retrial case shall be handled separately according to the following circumstances:
(a) the original judgment or ruling found that the facts and applicable laws were correct, and the sentence was appropriate, and the ruling dismissed the appeal or protest and upheld the original judgment or ruling;
(two) the original judgment or ruling was accurate and the sentence was appropriate, but the facts and applicable laws were wrong, and the ruling was made to correct and maintain the original judgment or ruling;
(3) If the original judgment or ruling found that the facts were not wrong, but the applicable law was wrong, or the sentencing was improper, the original judgment or ruling shall be revoked and the sentence shall be revised according to law;
(4) In a case tried in accordance with the procedure of second instance, if the facts of the original judgment or ruling are unclear or the evidence is insufficient, the original judgment may be revised or revoked after the facts are ascertained and sent back to the people's court that originally tried the case for retrial.
Appeal of second instance
Second, the procedure of suing for divorce.
(1) Drafting a complaint, including the names, sex, age, place of origin, work unit and current address of the plaintiff and the defendant, the litigation request, the facts and reasons on which it is based, the evidence and sources of evidence, and the names and addresses of witnesses.
(2) The evidence needed to prepare the lawsuit, that is, the materials that prove the marriage relationship, the materials that the feelings have broken, and the materials that the other party is at fault, can be collected by themselves or can be applied to the court for collection.
(3) Submit the complaint and evidence to the court with jurisdiction. Generally speaking, if the defendant is not in China, he can bring a lawsuit to the court where the plaintiff has his domicile.
(4) The court decides whether to accept the lawsuit. If it meets the legal requirements, then the court will accept it, otherwise the court will reject it.
(5) After accepting the divorce proceedings, the court shall send a copy of the complaint to the other party within the legal time.
(6) The court will arrange the court session and send subpoenas to both parties at least three days before the court session.
(7) During the court session, both parties may entrust lawyers or other professionals to represent divorce proceedings. However, according to the law, the parties should appear in court without justifiable reasons, unless they apply to the court for not appearing in court, whether to allow the court to make a judgment.
(8) According to the plaintiff's claim and the evidence submitted by both parties, the court makes a judgment on whether to grant divorce, how to divide the property and how to solve the problem of child support.
Third, how long after the second trial?
Usually within six months. The limitation of appeal means that the complainant refuses to accept the provisions of the effective judgment, ruling or decision. It is a legal system that appeals to the relevant judicial organs for retrial and is effective within a certain period of time. After the statutory time limit, the right of appeal shall be extinguished. The limitation of prosecution is a necessary legal system in criminal proceedings. It can prompt the parties to exercise their right to appeal in time and safeguard their legitimate rights and interests in a timely and effective manner; Conducive to maintaining normal social order and stabilizing existing social relations; It is beneficial for judicial organs to investigate and collect evidence in time, verify materials and correctly handle retrial cases.
However, China's current criminal procedure law has no provisions on the limitation of appeal. In litigation theory, it is generally believed that appeal is not limited by statute of limitations. Therefore, all criminal cases sentenced since the founding of the People's Republic of China can be appealed and re-handled. This situation is related to the influence of legal nihilism in our country, and some unjust, false and wrong cases have not been corrected for a long time. However, if there is no time limit for complaints, objectively some complaints will be endless, and some people will take advantage of the loopholes in the law and overthrow old cases with new policies, which not only loses the significance of establishing a complaint system, but also brings inevitable burdens to the work of the court. Therefore, it should be an important content to stipulate the limitation system of criminal appeal and limit the time to file a complaint.
At present, the laws of many countries have clearly stipulated the system of limitation of appeal, and some have also stipulated the limitation of appeal in favor of and against the sentenced person respectively. In my opinion, this practice can be used for reference. Considering China's national conditions and judicial practice, it can be stipulated in the following different situations: in cases of acquittal and heavy sentence for misdemeanor, the complainant should focus on protecting the legitimate rights and interests of the sentenced person, regardless of the time limit, even if the sentenced person's sentence expires or dies, he should be examined and dealt with;
In the case of a guilty verdict of innocence or a felony conviction of a misdemeanor, the complainant should set a time limit, otherwise it will be inconsistent with the prescription system in the criminal law. In my opinion, it is more appropriate to make the following provisions: the time limit for the complainant to appeal must be within the statutory limitation period for investigating criminal responsibility, and it must be put forward within three months from the date when the reasons for appeal are discovered, and the longest time is not more than six months. If the time limit is exceeded, the complainant may not appeal again.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 226 of the Criminal Procedure Law of People's Republic of China (PRC). The people's court of second instance shall not aggravate the defendant's punishment when trying the case appealed by the defendant or his legal representative, defender or near relative. The people's court of second instance shall not increase the punishment of the defendant unless there are new criminal facts, and the people's procuratorate shall make supplementary prosecution. Where a people's procuratorate lodges a protest or a private prosecutor lodges an appeal, it shall not be restricted by the provisions of the preceding paragraph.