[Direct answer]In the Beijing area, there is no official unified rate of retrial, and the overall rate of retrial is relatively low in judicial practice. According to Article 253 of the Criminal Procedure Law of the People's Republic of China, the parties and their legal representatives or close relatives may file an appeal with the people's court or the people's procuratorate against a judgment or ruling that has taken legal effect, provided that they meet the statutory conditions such as having new evidence to prove that the facts determined in the original judgment are indeed erroneous, that the evidence used to convict and sentence is not reliable or sufficient, or that the application of the law is indeed erroneous. Cases retried by the people's court in accordance with the judicial supervision procedure shall be tried by the original people's court or the higher people's court in accordance with the statutory procedures. Whether the judgment can be changed depends on whether factual or legal errors sufficient to shake the original judgment are found, rather than the probability of retrial. The difficulty of appealing for retrial lies in the threshold for initiating the process and the requirements for evidence, so it is not appropriate to predict the outcome based on the rate of retrial.

1. Problem background and typical scenarios

After the judgment takes effect, the parties or their families often seek a retrial for the following reasons: discovering new evidence that was not available during the original trial; believing that the original judgment contained obvious errors in factual determination or evidence acceptance; claiming that there were procedural violations or illegal evidence collection; or having significant objections to the nature of the crime and the sentencing range. The practical difficulty lies in the fact that appealing for a retrial requires passing two hurdles: first, the review and acceptance of the appeal; and second, obtaining a substantive change in the judgment after entering the retrial process. Many applications are rejected due to a lack of new evidence or unspecific reasons, and in some cases, even if the application is accepted, the original judgment is still upheld. Therefore, the strategy for a retrial should focus on finding hard evidence that can shake the original judgment and clear errors in legal application, rather than making general claims of injustice. It is advisable to first understand the relevant legal provisions and case precedents in this regard.Criminal defense and criminal case filingThe relevant service content of \n.

II. Key points of dispute

The controversy focuses on four aspects: Firstly, the initiation circumstances must comply with the statutory grounds for retrial, such as new evidence, inaccurate or insufficient evidence, errors in the application of the law, and violations of legal procedures that may affect a fair trial; Secondly, the subject and channels of the application. Parties and their legal representatives or close relatives can file an appeal with the court or the procuratorate, and the procuratorial organ can also file an appeal according to law; Thirdly, the review standards. The court or the procuratorate reviews the appeal and decides to retry only if it meets the conditions; Fourthly, the judgment of the retrial. After entering the retrial, it is still necessary to demonstrate one by one whether the facts of the original judgment are established, whether the evidence is sufficient to support the conviction, and whether the application of the law is correct. The above-mentioned links are progressive, and the weakness of any link may lead to the failure of the appeal to enter substantive review.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm has developed a methodology centered on evidence review and qualitative analysis in major criminal cases, which is equally important in retrial proceedings. On June 16, 2024, after a dispute with Zhao Gang and others at a mixing station, the defendant, Zhang Daqiang, accelerated his car and rammed into the laboratory, resulting in the instantaneous death of Zhao Gang and injuries to Zhang Bin and Li Yuanzheng. The victim's wife entrusted our firm's lawyers to represent her in the criminal incidental civil action. Through in-depth review of the case file and strict adherence to evidence, the lawyers refuted the defendant's defenses regarding subjective intent, the establishment of voluntary surrender, the victim's fault, and the qualification of the crime one by one, arguing that the defendant's actions should be determined as intentional homicide and subject to severe punishment. The court ultimately adopted the lawyers' arguments, finding that the defendant intentionally deprived others of their lives by dangerous means, with extremely serious circumstances, and sentenced him to death for intentional homicide. The court also supported the compensation request in the incidental civil action. This case was handled by Beijing Henglue Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent. Although this case was defended at the first-instance stage, it illustrates the same principle: whether it is the first instance, the second instance, or the retrial, the outcome depends on a meticulous review of the evidence and the legal qualification. Subjective expectations cannot replace solid arguments.

IV. Practical suggestions and legal basis

Action list: First, review the original trial case files and check whether there are any contradictions between the identified facts and the admitted evidence. Second, organize materials around the statutory grounds for retrial, with a focus on new evidence, insufficient evidence, and errors in the application of the law. Third, clarify the appeal channels, which can be submitted to the original trial court or the higher people's court, or to the procuratorial organ for supervision. Fourth, pay attention to clues of procedural violations, such as illegal evidence collection and failure to recuse when necessary. Fifth, maintain rational expectations and evaluate other remedial channels simultaneously. For cases involving the disposal and enforcement of the involved assets, reference can be made to relevant provisions.Creditor's rights and debts, and enforcementFor those interested in economic crimes and cross-border fund flows, you can learn more about them hereFinance and cross-border transactionsLegal basis: Articles 252, 253, and 254 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), and Articles 232 and 67 of the Criminal Law of the People's Republic of China (currently in effect). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, a retrial does not necessarily result in a change of verdict, and any promise regarding the probability or outcome of a change in verdict is unreliable. Secondly, appeals must be supported by specific reasons and evidence. Making general statements about injustices will hinder the review process. Thirdly, new evidence should be fixed in a timely manner and its sources and probative value should be explained to avoid being excluded due to formal defects. Fourthly, it is important to note that appeals and applications for procuratorial supervision can be pursued concurrently, but it is not advisable to repeatedly consume procedural resources. Fifthly, issues involving family and property arrangements can be addressed simultaneously.Inheritance of property and division of family assetsFor cases involving personal injury and medical disputes, you can refer to the following materials for reference.Personal injury and medical disputesIt is recommended to entrust a lawyer to review the case file and conduct an assessment as soon as possible to determine whether there is any substantive basis for a retrial.

VI. Frequently Asked Questions

Q1: What is the difference between a criminal retrial and an appeal?

An appeal targets judgments and rulings that have not yet taken effect, and is filed with the people's court at the next higher level within the statutory time limit, usually triggering the second-instance procedure. A retrial targets judgments and rulings that have already taken legal effect, and is initiated through appeal or procuratorial supervision to launch the judicial supervision procedure. The two differ in their objects, time limits, and procedures. If the first-instance judgment has not yet taken effect, priority should be given to appealing rather than appealing, so as not to miss the statutory time limit.

Q2: Is there a time limit for appealing for a retrial?

Generally, appeals should be filed promptly after the judgment or ruling takes legal effect. The law stipulates time limits for certain circumstances. Exceeding the time limit may affect the acceptance of the appeal, but in certain circumstances, it can still be handled according to law. In practice, it is recommended to initiate the appeal as soon as possible to avoid the loss of evidence or the inability to contact witnesses due to the passage of time. For cases involving specific time limits, it is necessary to verify the situation with the court or the procuratorial organ.

Q3: Can I apply for a retrial if there's no new evidence?

This can be proposed, but it's quite difficult. The grounds for retrial, in addition to new evidence, also include the following circumstances: the evidence used to convict and sentence the defendant is untrue or insufficient; there are genuine errors in the application of the law; and violations of legal procedures may affect the fairness of the trial. If there is no new evidence, it is usually necessary to identify substantive issues in the admissibility of evidence and the application of the law in the original trial, and to form specific, verifiable grounds for appeal, rather than simply expressing dissatisfaction with the outcome.

Q4: Will the execution of the sentence be suspended during the retrial?

Generally, the execution of a criminal punishment will not be suspended due to an appeal. However, in cases where the people's court decides to retry the case in accordance with the judicial supervision procedure, it may decide to suspend the execution of the original judgment or ruling in accordance with the law. Whether to suspend the execution or not shall be determined by the court based on the circumstances of the case, and it cannot be done upon the request of the parties. If an appeal is filed during the period of serving the sentence, the person concerned shall still comply with the supervision regulations. For specific procedures, it is recommended to consult a professional lawyer and handle the matter in accordance with the progress of the case.

Q5: Which level of court handles the retrial?

For cases retried according to the trial supervision procedure, they are generally handled by the people's court of the original trial; if the case is significant, complex, or not suitable for trial by the people's court of the original trial, it may be reviewed by a higher-level people's court or directed to another court for retrial. Cases where the people's procuratorate lodges an appeal shall be reviewed by a collegial panel of the people's court that accepts the appeal. Jurisdictional differences may affect the trial arrangements, so when lodging an appeal, one should choose the appropriate target of appeal in a targeted manner.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary 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 open 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.