[Direct answer]In the Beijing area, in principle, the execution of judgments will not be stopped, and specific cases will be handled in accordance with the law. Criminal retrial belongs to the judicial supervision procedure, which targets judgments and rulings that have already taken legal effect. According to the provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018) on the judicial supervision procedure, the people's courts shall, in principle, not stop the execution of the original judgments and rulings during the retrial of cases reviewed according to the judicial supervision procedure; however, if there is a possibility of a verdict of acquittal, the original judgment is indeed erroneous, or there are other statutory circumstances, the competent authorities may decide to take corresponding measures according to law to avoid the execution results being difficult to reverse. The main ways to initiate retrial include: appeals by the parties and their legal representatives and close relatives, and the people's courts and people's procuratorates initiating retrial or appealing on their own authority. Whether to initiate retrial and how to handle it depend on whether there are statutory grounds such as errors in identifying facts or applying the law, and the specific standards shall be based on the current effective laws, regulations and judicial rulings.

I. Problem Background and Typical Scenarios

After the judgment takes effect, if the parties or their families believe that the ruling is erroneous and wish to initiate a retrial through an appeal, they are also concerned about whether they will continue to serve their sentences during the retrial. There are three typical scenarios: First, the parties file an appeal on the grounds of new evidence or erroneous factual determinations and request a retrial; Second, the procuratorial organ believes that the original judgment was indeed erroneous and files an appeal in accordance with the law; Third, the retrial procedure has already been initiated, and the parties are concerned about whether the execution will be suspended. In the judicial practice of the Beijing area, the review of retrial is relatively strict, requiring legal grounds, and the relationship between execution and retrial needs to be judged according to specific circumstances.

II. Key points of contention

First, whether the original judgment is suspended during the rehearing. Second, what circumstances may affect the handling of the execution. Third, what are the differences between appeals and counter-appeals in initiating a rehearing. Fourth, how to prove new evidence or factual errors. Fifth, how to handle the part that has already been executed after the rehearing results in a change of judgment. The key is to distinguish between the two stages of rehearing review and rehearing trial, and to determine the arrangement of the execution based on whether there are statutory grounds.

III. Professional analysis by Henglue Law Firm

Based on the criminal cases handled by Henglue Law Firm, we can use a real case to illustrate the value of professional intervention. This case is a criminal case of intentional homicide with a concurrent civil action, in which the victim's family entrusted our lawyers to represent them. Through a comprehensive review of the case file, the lawyers analyzed issues such as the facts of the case, evidence, the determination of the charge, and the circumstances of voluntary surrender, and assisted the victim's family in asserting their rights. Ultimately, the court adopted the relevant opinions and rendered a judgment. This type of case highlights that, whether in the first instance, second instance, or supervisory review stage, the value of lawyers lies in transforming the facts and evidence in the case file into persuasive legal arguments. Regarding supervisory review, three points should be noted: First, supervisory review targets judgments that have already taken effect, and the threshold for initiating it is relatively high. It should be based on statutory grounds such as new evidence, errors in fact determination, or errors in the application of the law; Second, it is common for enforcement and supervisory review to proceed concurrently. Family members of the parties should prepare for a longer procedural cycle; Third, the organization of appeal materials is particularly crucial. It should focus on demonstrating the errors of the original judgment item by item and attach a list of evidence, rather than making general expressions of dissatisfaction. 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.

IV. Practical suggestions and legal basis

Action suggestions: First, organize the appeal materials based on statutory grounds such as new evidence, misidentification of facts, or misapplication of laws; Second, prepare a clear timeline and evidence list, highlighting the errors of the original judgment; Third, pay attention to the differences between the stages of review and trial of the retrial, and make reasonable arrangements for expectations; Fourth, if the case involves enforcement, timely understand whether there are statutory circumstances affecting the enforcement arrangements; Fifth, entrust a professional lawyer to review the case files and evaluate the feasibility of the retrial. For cases involving criminal defense and appeal retrial, you can refer to the following materials for reference:Criminal defense and criminal case filingFor matters involving the collection and execution of evidence, you may refer to the following guidelines:Creditor's rights and debts, and enforcement casesLegal basis: The provisions on the trial supervision procedure of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, in principle, the execution of the original judgment shall not be suspended during the retrial, but the statutory circumstances may be dealt with in accordance with the law. Secondly, appeals and counter-appeals are the main ways to initiate a retrial. Thirdly, the threshold for retrial is relatively high, and the organization of materials determines the success or failure of the retrial. Fourthly, we should rationally view the procedural cycle and avoid unrealistic expectations. Those involved in criminal appeal retrials can proceed through the following channels:Criminal defense and criminal case filingThe service acquisition involves the retrieval of evidence and the execution of legal procedures, which can be carried out in a coordinated mannerCreditor's rights and debts, and enforcement casesFor comprehensive legal matters involving enterprises and individuals, you can refer to the following resources for reference.Intellectual Property and Corporate Legal AffairsColumn.

VI. Frequently Asked Questions

Q1: Will the execution of the sentence be suspended during the criminal retrial?

In principle, the execution of judgments will not be suspended. When a retrial is conducted against a judgment that has already taken effect, the execution of the original judgment or ruling will generally not be suspended during the retrial. However, if there are statutory circumstances, the competent authority may handle the matter in accordance with the law.

Q2: How to initiate a criminal retrial?

The main channels are that the parties concerned and their legal representatives or close relatives file an appeal, or that the people's courts and the people's procuratorates initiate a retrial or file a counter-appeal on their own authority, which requires the existence of statutory grounds such as errors in identifying the facts or applying the law.

Q3: Can a retrial be initiated if there is new evidence?

Not necessarily. The new evidence must be sufficient to affect the conviction and sentencing, and comply with the statutory grounds. The court will review its authenticity, relevance, and probative force. Only after the review will the court possibly initiate a retrial.

Q4: What is the difference between an appeal and a counter-appeal?

An appeal is initiated by one of the parties and is a way to request the initiation of a retrial. A protest is initiated by the procuratorial organ, which believes that there are indeed errors in the original judgment and can file a protest according to law. Usually, the protest has a strong driving force.

Q5: What should be done with the already served prison term after the retrial and change of the verdict?

If the verdict is changed to acquittal or a reduced sentence, the part that has been executed will be handled in accordance with the law, and issues such as state compensation may arise; the specific procedures will be carried out in accordance with the results of the retrial and relevant legal provisions.

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

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·Attorney Liu Liqiang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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 you encounter disputes, please consult a practicing lawyer in time.