1. If the retrial case is tried by the people's court that originally tried it, a collegial panel shall be formed separately;
2. The original trial and the second trial shall be conducted in accordance with the procedure of first instance, and the judgment or ruling made may be appealed or protested;
2. Originally, it was a second trial, or an arraignment was conducted in accordance with the procedure of second trial, and the judgment and ruling were final.
legal ground
Article 256 of the Criminal Procedure Law
If a case retried by the people's court in accordance with the procedure of trial supervision is tried by the people's court that originally tried it, a collegial panel shall be formed separately. If it turns out to be a case of first instance, it shall be tried in accordance with the procedure of first instance, and the judgment or ruling made may be appealed or protested; If it is a case of second instance, or a case brought before a people's court at a higher level, it shall be tried in accordance with the procedure of second instance, and the judgment and ruling made shall be final.
When the people's court hears a retrial case, the people's procuratorate at the same level shall send personnel to appear in court.