A criminal case remanded by the intermediate people's court to the court of first instance for retrial may be commuted. Generally speaking, the intermediate people's court will send the original judgment back to the original court for retrial if the facts are unclear, the evidence is insufficient or the procedure is illegal. The retrial of the court of first instance is equivalent to the first instance, and you can appeal if you are dissatisfied with the retrial result. The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Trial Supervision Procedure of the Criminal Procedure Law of People's Republic of China (PRC) Article 36 If the parties reach an agreement through mediation, the people's court shall make a conciliation statement. After the mediation is signed by all parties, it has legal effect, and the original judgment or ruling is deemed to be revoked.
Legal objectivity:
Article 236 of the Criminal Procedure Law of People's Republic of China (PRC), the people's court of second instance shall, after hearing the case of appeal or protest against the judgment of first instance, deal with it according to the following circumstances: (1) If the original judgment finds the facts and applicable laws correct and the sentence is appropriate, it shall rule to reject the appeal or protest and uphold the original judgment; (two) the original judgment found that the facts were not wrong, but the applicable law was wrong, or the sentence was improper, and the judgment should be revised; (3) If the facts in the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained; You can also make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for a new trial. If the defendant appeals or the people's procuratorate protests after the people's court of first instance has made a judgment on the case sent back for retrial in accordance with the provisions of the third paragraph of the preceding paragraph, the people's court of second instance shall make a judgment or ruling according to law and will not send it back to the people's court of first instance for retrial.