First, the status of confession In China's procedural law, whether the victim pleads guilty or not will not affect the court's judgment and the whole lawsuit.
Criminal Procedure Law of the People's Republic of China
Article 55
In sentencing all cases, we should attach importance to evidence, investigation and research, and we should not trust confessions. If only the defendant confesses and there is no other evidence, the defendant cannot be found guilty and punished; If there is no confession from the defendant and the evidence is true and sufficient, the defendant may be found guilty and punished. If the evidence is true and sufficient, the following conditions shall be met:
(1) There is evidence to prove the fact of conviction and sentencing; ?
(2) The evidence on which the final decision is based has been verified through legal procedures; ?
(3) According to the evidence of the whole case, the ascertained facts have been beyond reasonable doubt. According to the principle of procedural law, the court's judgment is based on facts and takes law as the criterion. A closed certificate chain will be formed between the evidences, and all the evidences can confirm each other. Even in the case of zero confession, the case can be tried through the relevant documents of the case.
What needs special attention is that if a criminal suspect refuses to plead guilty or does not cooperate with the investigation by the public security organ or the court, he may be given a heavier punishment; If you actively cooperate and sincerely admit your mistake, the relevant state departments will handle it as appropriate.
Two. Initiate the second trial of the Criminal Procedure Law of People's Republic of China (PRC).
Article 23 1
If the defendant, private prosecutor, plaintiff and defendant in incidental civil action appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal together with case files and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party. ?
Article 243?
The people's court of second instance shall conclude the appeal and protest cases within two months. According to the relevant provisions of the Criminal Procedure Law of People's Republic of China (PRC), if the defendant of the first instance refuses to accept the judgment of the first instance, he can appeal within three days, either in writing or orally. After the court accepts the appeal case, except for special cases, the general cases are concluded within two months.