Second instance procedure [1]
The steps, ways and methods that the people's court should follow when trying the facts identified in the judgments and rulings that have not yet taken legal effect and the applicable laws. It is an independent litigation stage in criminal proceedings. [1] mode of appeal
Appeals can be made by appeal or orally. According to Article 184 of the Criminal Procedure Law, the appellant can appeal through the people's court of first instance or directly to the people's court of second instance.
Protest mode
Article 185 of the Criminal Procedure Law stipulates that local people's procuratorates at all 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.
Article 187 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.
Comprehensive trial principle
Article 186 of the Criminal Procedure Law stipulates that the people's court of second instance shall conduct a comprehensive review of the facts ascertained in the judgment of first instance and the applicable laws, without being limited by the scope of appeal or protest. * * * If only some defendants appeal in the same criminal case, the whole case shall be examined and handled together.
Principle of second instance handling
According to the provisions of Articles 189 to 1 0/of the Criminal Procedure Law, after hearing the appeal and protest cases against the judgment of the first instance, the court of second instance shall deal with them separately according to the listed circumstances: Article1,the original judgment finds the facts correct, the evidence is true and sufficient, and the applicable law is correct. 2. If the original judgment found that the facts were not wrong, but the applicable law was wrong or the sentence was improper, the court of second instance shall revoke the original judgment and make a new judgment, and make clear the basis and reasons for the revision in the judgment. 3. If the facts of the original judgment are unclear or the evidence is insufficient, the court of second instance may revise the judgment after ascertaining the facts, or it may decide to revoke the original judgment and send it back to the court of first instance for retrial. 4. If it is found that the court of first instance has one of the following proceedings that violate the law, it shall make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for retrial: (1) Violation of the Law on Public Trials. (2) Violating the challenge system. (3) depriving or restricting the legal litigation rights of the parties. (4) The composition of the judicial organization is illegal. (five) other violations of the law, which may affect the fair trial.
The second trial is final.