[Direct answer]In the Beijing area, the law does not set a clear limit on the number of times a criminal retrial can be initiated, but each initiation must comply with statutory circumstances. According to the provisions of the Trial Supervision Procedure of the Criminal Procedure Law of the People's Republic of China, parties and their legal representatives or close relatives may file appeals to the people's court or the people's procuratorate against judgments and rulings that have taken legal effect, but the execution of the judgments and rulings cannot be stopped; if the appeal meets the statutory circumstances, the people's court shall retry the case. The Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China (effective from March 1, 2021) elaborates on the procedures for accepting and reviewing appeals and conducting retrials. In practice, the difficulty of retrial lies not in the number of times, but in whether new evidence that could affect the conviction and sentencing can be presented, or whether errors in fact determination, evidence acceptance, and legal application were found in the original judgment. If new evidence or new grounds emerge after the appeal is rejected, the party can still file a new appeal.

I. Problem Background and Typical Scenarios

After the case judgment takes effect, the parties involved or their families often still feel dissatisfied and hope to initiate a retrial. Typical scenarios include: the original judgment mainly relied on the confessions of co-defendants or the statements of victims, but new evidence emerges afterwards; the real culprit appears or co-defendants recant their confessions, undermining the factual basis of the original judgment; the original trial involved coerced confessions, and the confessions of guilt should be excluded according to law; or circumstances that were not identified in the original trial and could affect the conviction and sentencing emerge. When handling appeal and retrial cases in Beijing, the court is more cautious in accepting and reviewing the appeals. Whether new evidence or clear legal errors that meet the statutory circumstances can be presented is the key to determining whether a retrial can be initiated.

II. Key points of contention

First, what is the relationship between an appeal and a retrial? Does filing an appeal mean initiating a retrial? Second, what are the statutory circumstances for initiating a retrial, and how to determine whether there are actual errors? Third, what are the standards for new evidence, and can co-defendants' recantations and witnesses' changing their testimonies be considered new evidence? Fourth, is the execution of the original judgment suspended during the retrial, and can parties apply for a stay? Fifth, are there time limits or restrictions on the number of appeals, and can an appeal be filed again after being rejected? Sixth, what is the difference between applying for supervision to the procuratorial organ and filing an appeal to the court?

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a criminal case of intentional homicide with a concurrent civil action: On the night of June 16, 2024, after a dispute with Zhao Gang and others at a concrete mixing station, the defendant, Zhang Daqiang, drove his car at a speed of about 60 to 62 kilometers per hour and rammed into the laboratory, causing Zhao Gang's death on the spot and injuries to Zhang Bin and Li Yuanzheng. The victim's wife entrusted our lawyers to represent her in the concurrent civil action. After thoroughly reviewing the case file, the lawyers refuted the defendant's defense arguments one by one regarding subjective intent, voluntary surrender, the victim's fault, and the nature of the crime, arguing that the defendant's false claim of brake failure after calling the police and his repeated retraction of his confession did not constitute voluntary surrender. The case should be determined as intentional homicide and subject to severe punishment. In the end, the court sentenced the defendant to death for intentional homicide, and the concurrent civil action supported the victim's family's compensation request. This case also shows that the determination of facts and evidence in effective judgments is highly stable. As a special remedial procedure for effective judgments, retrial can only be initiated when there are clear errors in the original judgment or when new evidence emergent that is sufficient to shake the conviction and sentencing. This is precisely the reason why the threshold for retrial is high and the success rate is limited. For materials related to judicial supervision and appeals, please refer to the relevant documents.Criminal defense and criminal case filingThis is a column. The case is handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

Action list: First, fix the new evidence as soon as possible, such as on-site monitoring, call and fund records, appraisal opinions, or verifiable witness clues; Second, have a lawyer retrieve the original trial files and compare the doubts in the determination of facts and the admission of evidence item by item; Third, write appeal materials around the statutory circumstances to avoid making general statements about injustice; Fourth, evaluate the path of applying for supervision to the procuratorial organ simultaneously; Fifth, pay attention to the execution status of the original judgment during the retrial and apply for suspension of execution if necessary. For those involved in criminal defense and appeals, you can refer to the following materials for reference:Criminal defense and criminal case filing; Those involving the enforcement of property and compensation can be combinedCreditor's rights and debts, and enforcementColumn. Legal basis: The provisions of the Trial Supervision Procedure of the Criminal Procedure Law of the People's Republic of China, and the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China (effective from March 1, 2021) regarding appeals and retrials. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, an appeal does not equal the initiation of a retrial. Whether a case can proceed to a retrial depends on whether it meets the statutory conditions. Secondly, new evidence must be new in terms of both facts and evidentiary value. Simply repeating arguments is unlikely to be effective. Thirdly, a retrial application generally does not affect the enforcement of the original judgment, but the parties' rights and interests may continue to be affected, so it is necessary to take action as soon as possible. Fourthly, appeals and procuratorial supervision can be evaluated in parallel, but it is not advisable to blindly and repeatedly submit materials. If you are currently facing similar problems, you can seek assistance throughCriminal defense and criminal case filingThe service provides a comprehensive solution, and those involving property rights can be integrated into it.Creditor's rights and debts, and enforcement板块。

VI. Frequently Asked Questions

Q1: How many times can a criminal retrial be requested at most?

The law does not set a clear upper limit on the number of times a criminal retrial can be initiated, but each retrial must comply with legal conditions and be subject to review. If the same facts and reasons are repeatedly appealed without providing new evidence, it is usually difficult to be accepted or initiate a retrial. If there is new evidence, new reasons, or if the original judgment contains errors in factual determination and legal application, it can still be re-initiated in accordance with the law. It is recommended that lawyers grasp the opportunity and organize the materials.

Q2: Are appeals and retrials the same thing?

No. An appeal is a way for the parties and their legal representatives or close relatives to request the court or the procuratorate to initiate a trial supervision procedure. Filing an appeal does not necessarily lead to a retrial; a retrial is a procedure in which the court decides to retry a judgment that has become effective after review. The court reviews the appeal, and only if it meets the conditions will it decide to retry the case. Therefore, writing a good appeal document and strengthening the evidence are the keys to passing the review.

Q3: How long after the judgment takes effect can one still apply for a retrial?

In criminal litigation, it is generally accepted that appeals should be filed within two years after the execution of the sentence, but there are statutory exceptions that may not be subject to this time limit, such as the possibility of acquittal or the death of the defendant in the original trial. Since the specific rules are quite professional, it is recommended to consult a lawyer as soon as possible after discovering new evidence or new grounds, and to initiate the procedure in a timely manner to avoid the loss of evidence or the restriction of rights due to delay.

Q4: Will the original judgment be suspended during the retrial?

In principle, the execution of the judgment shall not be suspended. According to the judicial supervision procedure, the filing of an appeal shall not suspend the execution of the judgment or ruling. Only when the circumstances prescribed by law are met, may the court decide to suspend the execution. For example, the specific circumstances such as the death of the party concerned or the possibility of a judgment of acquittal may affect the execution arrangements. If the party concerned believes that the continued execution will cause irreparable damage, the lawyer should apply to the court in time.

Q5: What can I do after my appeal is rejected?

If new evidence or new reasons emerge, an appeal can still be filed again. In addition, an application for supervision can be submitted to the People's Procuratorate, and the procuratorial organ will review whether the appeal meets the conditions for an appeal; if the procuratorial organ files an appeal, the people's court shall retry the case. It is also possible to have a lawyer review the errors in fact determination and legal application in the original trial and prepare more targeted materials. The choice of remedial path should be based on the actual circumstances of the case and should not be mechanically repeated.

The above questions and answers are 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·Beijing Henglue 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. In case of disputes, please consult a practicing lawyer in time.