First, what is the probability of a criminal case being changed in the second instance?
The rate of second-instance revision of criminal cases is about 15%. 15% modification rate is really not very high. Therefore, we must not pin all our hopes on the revision of the second trial, we must attach importance to the first trial, and we must invite professional criminal defense lawyers at the first trial to strive for a good judgment.
Necessary conditions for the revision of a criminal case of second instance: if there is an error in the application of the law or improper sentencing, the sentence should be revised. If the facts of the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained.
The situation of changing the sentence of a criminal case:
1. If the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the charges were obviously wrong, the punishment of the original judgment will not be aggravated after the revision.
2. If the facts of the original judgment are unclear or the evidence is insufficient, the judgment can be revised after the facts are ascertained, the criminal law can be correctly applied, the crime can be punished, and the legitimate rights and interests of the parties can be protected.
3. If the parties are omitted from the original judgment or the legal procedures are seriously violated, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, so as to safeguard the unity and dignity of national laws.
Second, what are the ways of criminal second instance?
1. Appeal method
Appeals can be made by appeal or orally. According to Article 227 of the Criminal Procedure Law, the appellant may appeal through the people's court of first instance or directly to the people's court of second instance.
2. Ways of protest
Article 232 of the Criminal Procedure Law stipulates that local people's procuratorates at various levels must lodge a protest when they think that the judgment or ruling of the people's court at the same level is indeed wrong and decide to protest. The protest shall be lodged through the people's court that originally tried the case and copied to the people's procuratorate at the next higher level. After receiving the protest, the court of first instance shall transfer the protest together with the case file and evidence to the people's court at the next higher level and send a copy of the protest to the parties. The people's procuratorate at a higher level shall, after careful examination, decide whether to protest.
3. Trial method
Paragraph 1 of Article 234 of the Criminal Procedure Law stipulates that the people's court of second instance shall form a collegial panel to hear an appeal case. After reading the papers, interrogating the defendant and listening to the opinions of other parties, defenders and agents ad litem, the collegial panel may not hold a hearing if the facts are clear. The people's court of second instance shall hold a hearing on the case protested by the people's procuratorate.
Third, how long will it take to close the criminal case in the second instance?
The second instance of a criminal case is usually closed in two months. The people's court of Article 208th of the Criminal Procedure Law of People's Republic of China (PRC), when trying a case of public prosecution, shall pronounce a judgment within two months after accepting it, and no later than three months. For a case that may be sentenced to death or an incidental civil lawsuit, if one of the circumstances stipulated in Article 158 of this Law occurs, it may be extended for three months with the approval of the people's court at the next higher level; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. If the people's court changes its jurisdiction, it shall be counted from the date when the changed people's court receives the case. The people's court shall recalculate the time limit for hearing a case transferred to the people's court after the supplementary investigation by the people's procuratorate is completed.
The above is what I have compiled for you about the probability of changing the sentence in the second instance of criminal cases. To sum up, we know that if there is no new evidence in criminal cases, the probability of changing the sentence is not great, and the original judgment may be upheld. If you have any other questions, you can also come to consult.