What are the provisions of the Criminal Procedure Law on retrial?

The retrial of a criminal case actually means that the original judgment result may be wrong from beginning to end, and it does not rule out the existence of judicial bribery or major duty crimes in the original trial of the case. Retrial is a very special case in the trial of criminal cases in China, because it is a closed case. I think everyone should pay more attention to it. What are the provisions of the Criminal Procedure Law on retrial? What are the provisions of the Criminal Procedure Law on retrial? The criminal appeal under the jurisdiction of the people's procuratorate refers to the appeal against the criminal decision of the people's procuratorate to terminate the lawsuit and the legally effective criminal judgment and ruling of the people's court (including criminal incidental civil judgment and ruling). Those who are qualified as the subject of criminal appeal are the parties to the original case and their legal representatives and close relatives; The entrusted lawyer can also represent the complaint. The indictment shall be filed with the people's court within two years after the defendant's penalty is executed at the latest. However, under any of the following circumstances, the people's court shall accept the complainant's complaint about a criminal case that has been more than two years. (1) The defendant in the original trial may be acquitted; (2) The defendant in the original trial filed a complaint with the people's court within three years after the execution of the penalty, and the people's court refused to accept it. Article 242 of the Criminal Procedure Law of People's Republic of China (PRC): The statutory conditions for retrial of criminal cases are: if the appeal of the parties and their legal representatives or close relatives meets one of the following circumstances, the people's court shall retry: (1) There is new evidence to prove that the facts ascertained in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing; (2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case; (3) The application of the law in the original judgment or ruling is indeed wrong; (four) in violation of legal procedures, which may affect the fair trial; (5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law. The Supreme People's Court's Interpretation of the Application of the Criminal Procedure Law of People's Republic of China (PRC) Article 375 A decision on an appeal case applying for review shall be made within three months, not later than six months. After examination, in any of the following circumstances, a retrial shall be decided in accordance with the provisions of Article 242 of the Criminal Procedure Law: (1) There is new evidence to prove that the facts ascertained in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing; (2) The evidence on which conviction and sentencing are based is inaccurate and insufficient and should be excluded according to law; (3) There are contradictions between the main evidences to prove the facts of the case; (four) the main factual basis has changed or been revoked according to law; (five) the crime is wrong; (6) The sentencing is obviously improper; (seven) in violation of the provisions of the law on retroactivity; (eight) in violation of legal procedures, which may affect the fair judgment; (nine) the judge has corruption, bribery, favoritism, perverting the law in the trial of the case. If the complaint does not exist in the above circumstances, the complainant shall be persuaded to withdraw the complaint; If you still insist on the complaint, you will be notified in writing to dismiss the complaint. Article 376 Evidence that has one of the following circumstances and may change the facts on which the original judgment or ruling is based for conviction and sentencing shall be deemed as "new evidence" as stipulated in the first paragraph of Article 242 of the Criminal Procedure Law: (1) evidence newly discovered after the original judgment or ruling takes effect; (2) Evidence that has been discovered before the original judgment or ruling takes effect but has not been collected; (3) Evidence that has been collected before the original judgment or ruling takes effect, but has not been cross-examined; (4) The expert opinions, records of inquests and inspections or other evidence on which the original judgment or ruling was based have been changed or denied. Article 377 If the complainant refuses to accept the rejection of the appeal, he may appeal to the people's court at the next higher level. If the people's court at the next higher level considers that the complaint does not conform to the provisions of Article 242 of the Criminal Procedure Law and the second paragraph of Article 375 of this Interpretation, it shall persuade the complainant to withdraw the complaint; Those who still insist on appealing shall be rejected or notified not to retry. First of all, the subject of retrial in China is generally the Supreme People's Court, and if the retrial of a case overturns the result of the original trial, it means that the state compensation has succeeded more than half, but at the same time, it should be noted that it is very difficult to start the retrial of a case unless there is significant evidence to prove that the result of the original trial is wrong.