Article 10 of the Criminal Procedure Law stipulates: "In handling cases, the people's courts shall adopt the system of second instance as the final instance."
After the judgment of the second instance comes out, the date of judgment is the final date, and no appeal is allowed. But in either case, a retrial is needed, but certain conditions must be met.
Article 209 of the Civil Procedure Law stipulates that in any of the following circumstances, the parties may apply to the people's procuratorate for procuratorial suggestions or protests:
(a) the people's court rejected the application for retrial;
(two) the people's court fails to make a ruling on the retrial application within the time limit;
(3) There are obvious errors in the retrial judgment or ruling.
The people's procuratorate shall, within three months, examine the application of the parties concerned and make a decision on whether to put forward procuratorial suggestions or protest. The parties may not apply to the people's procuratorate for procuratorial suggestions or protests again.
Extended materials:
Taking the civil aspect as an example, Article 179 of the Civil Procedure Law stipulates that if a party's application meets one of the following circumstances, the people's court shall retry it:
(1) There is new evidence sufficient to overturn the original judgment or ruling.
(two) the basic facts identified in the original judgment or ruling lack evidence to prove.
(3) The main evidence of the facts ascertained in the original judgment or ruling is forged.
(four) the main evidence of the facts identified in the original judgment or ruling has not been cross-examined.
(five) the evidence needed for the trial of the case, the parties can not collect it by themselves due to objective reasons, and apply in writing to the people's court for investigation and collection, but the people's court has not investigated and collected it.
(6) The application of the law in the original judgment or ruling is indeed wrong.
(seven) in violation of laws and regulations, the jurisdiction is wrong.
(eight) the composition of the judicial organization is illegal or the judges who should be withdrawn according to law have not withdrawn.
(9) A person without capacity for litigation has no legal representative, or a party who should participate in the litigation fails to participate in the litigation due to reasons not attributable to him or his agent ad litem.
(ten) in violation of the law, depriving the parties of the right to debate.
(eleven) without being summoned, the judgment is made by default.
(12) The original judgment or ruling is omitted or exceeds the claim.
(thirteen) the legal documents on which the original judgment or ruling was based were revoked or changed. If not, the retrial request will be rejected or rejected.