[Direct answer]In the Beijing area, the criminal retrial procedure mainly includes five stages. First, the filing of an appeal: When a party and his/her legal representative or close relatives believe that the judgment or ruling is indeed erroneous, they have the right to file an appeal with the people's court or to lodge a complaint with the people's procuratorate. Second, acceptance and review: After receiving the appeal, the people's court shall review it within the statutory time limit and decide whether to transfer it to the original trial court or to establish a separate trial organization to handle it. Third, case filing and review: If the case meets the statutory conditions, the people's court shall file a case and conduct a review. Fourth, initiation of retrial: If the review concludes that the original judgment or ruling was indeed erroneous and meets the statutory conditions, the people's court shall issue a ruling to initiate retrial. Fifth, retrial hearing: The case shall be retried in accordance with the trial supervision procedure, and the judgment may be changed or the case may be remanded for retrial according to law. The Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) clearly stipulates the subject of the appeal, jurisdiction, review period, and conditions for initiating retrial; an appeal against a judgment and an appeal against a ruling are two different procedures, and an appeal usually does not affect the execution of the original judgment.

I. Problem Background and Typical Scenarios

The consultations mainly focus on situations after the judgment has taken effect or even after the sentence has been executed: the parties believe that the facts determined by the court do not match the evidence, that the sentencing is obviously inappropriate, that there are serious violations of the procedures, or that new evidence that was unavailable at the time the judgment was made has been discovered. Some family members are also concerned about whether the appeal will affect the ongoing execution of the sentence, and how long it will take to receive a response.Criminal defense and criminal case filingThe advice in the column indicates that it is necessary to make a rational assessment of the prospects for a retrial.

II. Key points of contention

The first focus is the subject qualification and statute of limitations of the appeal. The second focus is the choice of the jurisdiction court for the appeal. The third focus is whether the grounds for the appeal fall within the statutory circumstances for a retrial. The fourth focus is the standard for identifying new evidence. The fifth focus is whether the original judgment is suspended during the appeal period. The sixth focus is the judicial supervision duties and supervision channels of the People's Procuratorate.Special services and other casesThe explanations of procedural matters in the column can be used as a supplementary reference.

III. Professional analysis by Henglue Law Firm

Take a case handled by Attorney Liu Liqiang of our firm as an example: The case involved core disputes over the determination of the nature of the crime and sentencing. When the family entrusted the attorney with the case, they were concerned about the results of compensation determination and aggravated punishment. During the representation, the attorney conducted a thorough review of the case file, systematically sorted out the evidence related to key facts, including the vehicle's speed, the impacted object, the on-site environment, and the perpetrator's post-incident statements, forming a complete chain of evidence. The attorney refuted multiple defenses regarding subjective intent, aggravating circumstances, and the victim's fault, and the court ultimately accepted the attorney's opinion and rendered a guilty verdict. The practical logic of criminal retrial is similar: The prerequisite for initiating retrial are being able to present specific reasons for the factual determination or evidence acceptance issues in the original judgment, and providing sufficient new evidence or new arguments to challenge the original judgment. It is difficult to gain support solely on the basis of perceived injustice.Special services and other casesThe column can also provide supporting assistance for the progress of the procedure. This case is 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 recommendations: 1. First, review the facts established by the original judgment and the evidence admitted, and list specific doubts. 2. Assess whether new evidence has been obtained and evaluate its probative value. 3. Write an appeal statement, clearly stating the appeal request and reasons. 4. Submit the appeal to the court or the people's procuratorate with jurisdiction and retain the receipt. 5. Monitor the review period and follow up as needed. 6. Assess the practical impact of the appeal on the execution of the sentence and prepare in advance to address any potential issues. Legal basis: - Provisions on the judicial supervision procedure in the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); - Relevant provisions of the Criminal Law of the People's Republic of China on the execution of criminal penalties; - Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

First, an appeal does not affect the effectiveness of the original judgment or ruling, and usually does not suspend its execution. You need to be mentally prepared for this. Second, the grounds for appeal must be specific to the determination of facts and evidence. General statements are difficult to be accepted. Third, the presentation of new evidence is an important basis for initiating a retrial. You need to explain why the original trial failed to review it. Fourth, the procedural cycle may be quite long. It is recommended to evaluate other approaches such as compensation appeals at the same time. Fifth, during the appeal process, be careful not to spread unverified information, so as not to affect the subsequent handling. Sixth, for cases involving miscarriages of justice, it is recommended to entrust professional lawyers to conduct a systematic evaluation before deciding to proceed. Seventh, the application for a retrial and the appeal should be prepared simultaneously. When necessary, apply to the procuratorial organ for judicial supervision to avoid missing opportunities due to a single pathway.

VI. Frequently Asked Questions

Q1: Can one still apply for a retrial after a criminal judgment takes effect?

Yes. If the party concerned and his/her legal representative or close relatives believe that the effective judgment is indeed erroneous, they have the right to file an appeal with the people's court or the people's procuratorate. The law does not limit the number of appeals, but it should be noted that the appeal does not belong to an appeal, and there is no one-time time limit. However, there are corresponding time requirements for the review after acceptance. In practice, it is recommended to submit the appeal statement and new evidence as completely as possible in the first appeal, so as to avoid repeatedly submitting the same content and reducing the efficiency of the review.

Q2: What are the requirements for applying for a retrial?

There are strict statutory circumstances for initiating a retrial, which generally include the following: the original judgment identified facts that were indeed erroneous, the application of the law was indeed erroneous, the procedure was illegal, evidence that should have been excluded was admitted, and there was new evidence sufficient to overturn the original judgment. In practice, the most common ones are errors in factual determination and new evidence. Therefore, when preparing appeal materials, the focus should be on which factual determination in the original judgment lacks evidence support, which piece of evidence was admitted with procedural issues, and which new evidence was not available in the original trial. Explaining these three points clearly is more convincing than repeated arguments.

Q3: Is the judgment still being enforced during the appeal period?

In principle, the execution will still proceed. An appeal is a judicial supervision procedure, which is different from an appeal and does not have the effect of suspending execution. Therefore, if the judgment involves a custodial sentence and the party is currently serving a sentence, the execution will not be suspended during the appeal period. It is recommended that the party, while applying for a retrial, assess whether they meet the statutory conditions for applying for a stay of execution and whether they need to submit other related applications at the same time, to avoid affecting the specific arrangements for protecting their rights and interests due to insufficient understanding of the procedures. For more details, they should consult the handling lawyer.

Q4: How long do I have to wait to get the result of the appeal?

There is no fixed time limit. After receiving the appeal, the people's court shall first review it and decide whether to transfer it to the original trial court or form a trial organization to handle it; if the conditions are met, it shall file a case for review; if it is deemed necessary to retry after review, it shall make a ruling according to law. The overall cycle is affected by the complexity of the case, the waiting situation, and whether it is necessary to investigate and collect evidence. It usually takes several months as the norm. Specifically, you can request a receipt of acceptance when submitting the appeal statement and follow up with inquiries according to the procedures. There's no need to expect a definite result in the short term.

Q5: Are there any other options besides appealing?

There are several complementary approaches. Firstly, one can file an appeal with the People's Procuratorate, which will perform its judicial supervision duties in accordance with the law. This is an important channel parallel to appealing to the court. Secondly, if there are illegal circumstances in the process of handling the case, one can file a complaint and request legal action against them. Thirdly, when meeting the conditions, one can assert rights through the compensation process. It is recommended to use these approaches in combination according to the specific circumstances of each case, and to focus on strengthening the grounds for the appeal and providing new evidence. After all, whether a retrial can be initiated ultimately depends on whether there are statutory errors in the original judgment, regardless of which channel is chosen.

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 facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, 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 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. If you encounter disputes, please consult a practicing lawyer in time.