[Direct answer]If it meets the requirements, it is legal. Article 234 of the Criminal Procedure Law of the People's Republic of China stipulates that the second-instance people's court shall form a collegial panel to hear the cases of appeal and counter-appeal; if the collegial panel reviews the case files, interrogates the defendant, and hears the opinions of other parties, defenders, and litigation agents, and the facts and evidence are clear, it may conduct the trial without a hearing. However, it also explicitly stipulates that for cases of appeal in which the defendant or the self-accuser and their legal representatives raise objections to the facts and evidence determined in the first-instance trial, which may affect the conviction and sentencing; cases of appeal in which the defendant is sentenced to death; and cases in which the people's procuratorate lodges a counter-appeal, etc., a hearing shall be conducted. Therefore, not holding a hearing is not necessarily illegal, but if it should be held in certain circumstances, not holding a hearing constitutes a procedural violation.

1. Problem background and typical scenarios

After the defendant appeals, the family often doesn't receive a notice of the hearing, and only receives a ruling maintaining the original verdict much later. They can't help but wonder: Is the lack of a hearing just a formality, or is it a deprivation of the right to defense? Understanding the rules of the second-instance hearing can help determine whether the procedure is legal and decide whether to further appeal or apply for a retrial. Whether a hearing is held is decided by the collegial panel in accordance with the law, but the decision-making process and reasons should be reflected in the trial. Defense attorneys should actively strive for the opportunity to make statements in person.

II. Key points of contention

1. The applicable conditions for not holding a court hearing. 2. The statutory circumstances requiring a court hearing. 3. How to safeguard the right to defense when not holding a court hearing. 4. The determination and consequences of procedural violations. 5. The role of lawyers in the second-instance trial.

III. Professional analysis by Henglue Law Firm

Henglue Lawyer explained this from both the perspective of rules and practice. Firstly, the conditions for not holding a trial: After reviewing the case file, interrogating the defendant, and hearing the opinions of the defense attorney and other parties, the collegial panel may decide not to hold a trial if they believe the facts and evidence are clear. This decision must be based on a thorough review, rather than skipping procedures. Secondly, the circumstances requiring a trial: Appeal cases in which the defendant disputes the main facts and evidence determined in the first instance and may affect the conviction and sentencing, death penalty appeal cases, cases in which the procuratorate files a protest, and other cases requiring a trial must hold a trial. Failure to hold a trial in these circumstances constitutes a procedural violation. Thirdly, the protection of the right to defense: Even without a trial, the collegial panel should still question the defendant and hear the defense attorney's opinions. The defense attorney may submit written defense opinions and request to present arguments in person. If these rights are not guaranteed, the defendant may claim procedural violations. Fourthly, remedies: If the defendant believes the second-instance court should have held a trial but failed to do so, or if the right to defense was not guaranteed, these may be raised as procedural violations during the appeal or application for retrial. Fifthly, the role of lawyers: The key to the second-instance trial lies in accurately raising objections to the facts and evidence, striving for a trial opportunity, and submitting strong defense opinions. Lawyer's involvement can significantly increase the likelihood of a reversal of the judgment. Additionally, if new evidence is submitted during the second-instance trial, the party should explain the reasons for the delay and request cross-examination to avoid affecting the review of the facts due to untimely evidence submission.

IV. Practical suggestions and legal basis

Action suggestions: First, clearly state in the appeal statement the objections to the facts and evidence of the first-instance trial, so that the case falls within the scope of a court hearing; Second, actively cooperate with the defense lawyer to submit written opinions and apply for a court hearing; Third, keep the documents and communication records of the second-instance procedure; Fourth, focus on claiming the procedural violations in the appeal or retrial. For criminal second-instance defense, you can refer to the following materials:Criminal defense and criminal case filingFor those involving procedural remedies, you can refer to the following for more information.Special servicesLegal basis: Articles 234 and 233 of the Criminal Procedure Law of the People's Republic of China (currently in force), and the provisions on the second-instance trial methods in the Interpretation of the Criminal Procedure Law by the Supreme People's Court. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, not holding a court hearing does not necessarily constitute a violation of the law, but failing to hold a court hearing when it should be held constitutes a procedural violation. Secondly, raising objections to the facts and evidence during the appeal is the key to securing a court hearing. Thirdly, even without a court hearing, one should still fully exercise the right to make statements and defend oneself, and submit written opinions. Fourthly, a procedural violation may constitute grounds for appeal or retrial. For cases involving criminal second-instance trials and procedural remedies, one can proceed through the relevant legal channels to safeguard one's legitimate rights and interests.Criminal defense and criminal case filingThe service provides a comprehensive solution, which can be combined with matters related to retrial and appealsSpecial servicesFor the sections related to administrative procedures, you can refer to the following content for reference.Land expropriation and demolition, and administrative litigationFor any questions regarding difficult situations, you can seek advice from the columnPersonal injury and medical disputesTeam.

VI. Frequently Asked Questions

Q1: Why don't second-instance trials sometimes hold hearings?

If, after reviewing the case file, questioning the defendant, and hearing the opinions of the defense attorney and the parties involved, the collegial panel believes that the facts and evidence are clear, it may decide not to hold a court hearing. This is a legal hearing method that is allowed by law, but it should be based on a thorough review of the case.

Q2: Which cases must be tried in court?

For appeal cases in which the appellant disputes the facts and evidence determined by the first-instance court and which may affect the conviction and sentencing, death penalty appeal cases, and cases in which the procuratorate files a protest against the verdict, the court shall hold a hearing. It is illegal to not hold a hearing in these situations.

Q3: Can I still speak if there's no court hearing?

Yes. The collegial panel shall question the defendant and listen to the defense attorney's opinions. The defendant may state his/her opinions, and the defense attorney may submit written defense opinions and apply for a face-to-face statement. If the rights of the defendant are not guaranteed, he/she may raise procedural objections.

Q4: What should I do if the second-instance court maintains the original verdict without holding a hearing?

If it is considered that the trial should have been held but was not held, or that the right to defense was not guaranteed, it can be raised as a procedural violation during the appeal or application for retrial, and the case can be re-tried in conjunction with the claim of substantive errors.

Q5: Is it useful to hire a lawyer for the second-instance trial?

It's very useful. In most cases, the second instance does not hold a hearing, so written defense opinions are crucial. Lawyers can accurately raise objections to the facts and evidence, strive for a hearing, and submit strong opinions, which directly affect the possibility of a change in the verdict.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.