Will the criminal complaint be re-investigated?

Legal analysis: Criminal complaint will be re-investigated. Ordinary courts will not take the initiative to investigate and collect evidence, and the burden of proof in criminal cases lies with the procuratorate. Of course, defendants and their lawyers can also actively prove their innocence or guilt. Whether the second trial is necessary should be analyzed in combination with the evidence of the whole case. Which is more credible, confession or witness testimony, needs to know its specific content and analyze it in combination with other evidence.

Legal basis: Criminal Procedure Law of People's Republic of China (PRC).

Article 229 If the victim or his legal representative refuses to accept the judgment of first instance of the local people's courts at all levels, he has the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the request.

Article 230 The time limit for an appeal or protest against a judgment is ten days, and that for an appeal or protest against a ruling is five days, counting from the day after the judgment or ruling is received.

Article 236 The people's court of second instance shall, after hearing a case of appeal or protest against the judgment of first instance, handle it separately 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.