[Direct answer]In the Beijing area, the experience of obtaining a retrial and a change in the verdict can be summarized into four points: identifying loopholes in facts and evidence, striving for adjustments in the nature of the crime, exploring mitigating circumstances such as voluntary surrender and guilty pleas, and reviewing whether the investigation and trial procedures were illegal. The Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018) stipulates the principle of comprehensive review in the second instance. The second-instance court shall conduct a comprehensive review of the facts determined and the laws applied in the first-instance judgment, without being limited by the scope of the appeal or the counter-appeal. This means that defense lawyers can start from the evidence of the entire case and point out errors in fact determination, insufficient evidence, improper characterization, or unbalanced sentencing. In addition, systems such as the exclusion of illegal evidence, the review of the necessity of detention, and leniency for guilty pleas also provide space for obtaining favorable results in the second instance and the review of the prosecution stage. The premise of obtaining a retrial is to thoroughly understand the case file and accurately identify the points of controversy.

1. Problem background and typical scenarios

After the case enters the second instance, the parties and their families often ask if there is still a chance for a favorable outcome. Typical scenarios include: errors in the determination of facts in the first instance, insufficient cross-examination of key evidence; misinterpretation of the nature of the crime, leading to a vastly different sentencing range; failure to fully evaluate circumstances such as voluntary surrender, meritorious service, and compensation and apology; procedural violations or illegal evidence collection during the investigation stage; and cases where the parties pleaded guilty and accepted the punishment but the sentencing recommendation was clearly inappropriate. During the second instance, time is limited and the task is heavy. Defense lawyers need to quickly and accurately identify the grounds for seeking a favorable verdict change.

II. Key points of contention

1. The scope of review and the conditions for holding a trial in the second instance. 2. Whether the facts have been clearly established and the evidence is truly sufficient. 3. The determination of the nature of the crime and the debate over whether the crime falls under one category or another, and its impact on sentencing. 4. The standards for determining whether the defendant surrendered voluntarily, rendered meritorious service, confessed truthfully, or pleaded guilty and accepted the sentence. 5. The application for the exclusion of illegal evidence and its consequences. 6. The comprehensive evaluation of sentencing factors and the scope for reducing or mitigating punishment. 7. The differences between a second-instance judgment and a remand for rehearing. These issues determine the outcome of the case.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented the victim's side in a major criminal case involving incidental civil litigation: After a dispute with Zhao Gang and others at a concrete mixing station, the defendant, Zhang Daqiang, accelerated his car to ram into the laboratory, resulting in Zhao Gang's death on the spot and two others being injured. After accepting the entrustment from the victim's family, the lawyers of our firm carefully reviewed all the case files, including physical evidence, documentary evidence, witness statements, the defendant's confessions, appraisal opinions, on-site inspection records, and audiovisual materials, accurately grasping the core of the case and refuting the defense arguments one by one: Subjectively, the defendant's verbal expression of intent before the collision, accelerated ramming without avoiding, and sufficient proof of intentional homicide; Surrendering oneself, he lied to the police about brake failure and gave inconsistent statements, which did not constitute voluntary surrender according to law; In terms of qualification, the case should be identified as intentional homicide. The court adopted the lawyers' opinions, sentencing the defendant to death for intentional homicide and supporting the request for incidental civil compensation. Although this case was not reversed on appeal, it vividly demonstrated the core competence of criminal representation: First, exhaustively reviewing the case files to restore the facts from the details of the evidence; Second, accurately identifying the two key points determining the sentencing level: the nature of the crime and the sentencing circumstances; Third, verifying the establishment conditions of legal circumstances such as voluntary surrender one by one against the facts. These abilities are also the basis for reversing the judgment on appeal. In the second instance, defense lawyers should focus on reviewing whether the first-instance's factual findings and evidence acceptance can withstand scrutiny, whether the nature of the crime is accurate, and whether the sentencing circumstances have been omitted or misjudged, and reviewing whether the investigation and trial procedures are legal, and accordingly put forward opinions for reversing the judgment or remanding the case for rehearing. This case was handled by Beijing Henglue Law Firm. 恒略律师曾代理一起重大刑事案件的被害方刑事附带民事诉讼：被告人张大强在某拌合站与赵刚等人发生争执后，驾车加速冲撞实验室，致赵刚当场死亡、另两人受伤。本所律师接受被害人家属委托后，认真审阅了全部案卷，包括物证、书证、证人证言、被告人供述、鉴定意见、现场勘验笔录及视听资料，准确把握案件核心，并针对对方的辩解逐一驳斥：主观上，被告人在撞击前言语表露动机、加速冲撞且未避让，足以证明杀人故意；自首上，其报警时谎称刹车失灵、前后供述不一，依法不构成自首；定性上，本案应认定为故意杀人罪。法院采纳律师意见，以故意杀人罪判处被告人死刑，并支持了附带民事赔偿请求。本案虽非二审改判，但集中展示了刑事代理的核心能力：一是穷尽阅卷，从证据细节还原事实；二是精准识别罪名定性与量刑情节这两大决定量刑档次的关键点；三是把自首等法定情节的成立条件逐一对照事实。这些能力同样是二审改判的基础。在二审中，辩护律师应重点审查一审的事实认定与证据采信是否经得起检验、定性是否准确、量刑情节是否被遗漏或误判，并审查侦查与审判程序是否合法，据此提出改判或发回重审的意见。本案由北京恒略律师事务所代理。Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action List: 1. Entrust a lawyer to review the case file as soon as possible and comprehensively sort out the facts and evidence chain; 2. Focus on verifying whether the determination of the charge and the sentencing circumstances are incorrect; 3. Timely file applications for the exclusion of illegal evidence or the review of the necessity of detention; 4. Submit evidence in a timely manner for evaluation of circumstances such as voluntary surrender, compensation, and reconciliation; 5. Pay attention to the conditions and trial methods of the second-instance court and, if necessary, apply for a hearing. Legal basis: - **Criminal Law of the People's Republic of China** - **Criminal Procedure Law of the People's Republic of China** (amended and implemented on October 26, 2018) - Relevant provisions on comprehensive review of second-instance cases, exclusion of illegal evidence, and leniency for voluntary surrender and guilty plea agreements. For matters involving criminal defense and second-instance trials, you may refer to the following documents: [Additional legal documents and references, if applicable]Criminal defense and criminal case filingFor cases involving personal injury and compensation, you can refer to the following materials for reference.Personal injury and medical disputesFor appeals and retrials, you can refer to the following materials for reference.Special services and other casesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the key to a change in the verdict in the second instance is to identify the hard flaws in the facts, the nature of the crime, or the procedural aspects. Secondly, the requirement of voluntary surrender is to make a truthful confession. It's difficult to determine the case if the person only surrenders but doesn't confess. Thirdly, the nature of the crime directly affects the sentencing level and should not be taken lightly. Fourthly, the exclusion of illegal evidence should be raised and explained in a timely manner. Fifthly, family members should hire a lawyer as soon as possible, and the earlier the lawyer gets involved, the more beneficial it will be. For cases involving criminal defense and second-instance appeals, you can consult throughCriminal defense and criminal case filingThe service provides a comprehensive solution, which involves the combination of compensation and personal rights protectionPersonal injury and medical disputesFor reference, you can check the following article about the criminal risks facing enterprises:Business and contract disputes in enterprises.

VI. Frequently Asked Questions

Q1: Is there definitely a hearing in the second instance?

Not necessarily. If the second-instance court has disputes over the facts, evidence, or application of the law that may affect the conviction and sentencing, it shall generally hold a trial; if the facts are clear, the evidence is sufficient, and the defendant pleads guilty, the court may conduct a written trial instead of a court hearing. Whether to hold a court hearing is decided by the court, and defense lawyers may apply for a court hearing based on the disputes to fully express their opinions.

Q2: What materials should be prepared for the defense in the second instance?

It is necessary to prepare the first-instance judgment, all case file materials, evidence lists and cross-examination opinions, evidence of voluntary surrender, meritorious service, or compensation and apology, clues of procedural violations, and the changes in the defendant's statements. The materials are used to point out factual, qualitative, or procedural issues, and serve as the basis for proposing a change in the judgment or a remand for retrial.

Q3: How much does it cost to hire a lawyer for the second-instance trial?

The fees are related to the complexity of the case, the charges and sentencing levels, whether a trial is held, and the workload. Major and difficult cases usually charge higher fees. It is recommended to specify the service stages, content, and fee calculation methods in the power of attorney, and to verify the lawyer's criminal practice experience. The specific amount shall be subject to the negotiation between the parties and the provisions of the contract.

Q4: Will the second-instance court possibly change the verdict or send the case back for a retrial?

It depends on the specific circumstances. If the original judgment finds that the facts are unclear or the evidence is insufficient, the case may be sent back for retrial, or the judgment may be changed after the facts are clarified; if the law is applied incorrectly or the sentencing is inappropriate, the judgment will generally be changed directly; if the procedure is seriously violated, the case may also be sent back for retrial. If the parties have objections to the result, they can also apply for a retrial or appeal according to law, but it will be more difficult to do so.

Q5: Can the verdict be changed even without new evidence?

Possibly. The second instance is a comprehensive review of the entire case, not limited to the scope of the appeal or new evidence. Even if there is no new evidence, if the court can point out errors in the first-instance court's factual determination, evidence acceptance, charge characterization, or sentencing circumstances evaluation, or discover procedural violations, there is still room for a retrial. Therefore, the key lies in a thorough review of the existing case files and legal arguments.

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 regional differences.

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

Disclaimer: This article is compiled based on the current 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. If a dispute arises, please consult a practicing lawyer in a timely manner.