[Direct answer]In the Beijing area, the law does not mandate that criminal retrials must be represented by lawyers. Parties, their legal representatives, and close relatives may file appeals on their own or entrust lawyers to do so on their behalf. However, according to the provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018) on the trial supervision procedure, the People's Court needs to meet statutory conditions to retry a judgment that has already taken effect, such as when new evidence proves that the facts determined in the original judgment were indeed erroneous and might affect the conviction and sentencing; when the evidence used to convict and sentence is unreliable, insufficient, or should be excluded according to law; when there are clear errors in the application of the law; or when the trial procedure violates the law and might affect the fairness of the trial. Such judgments require a complete review of the original trial files, a comparison of evidence item by item, and a review of the legality of the procedure, which is often difficult for ordinary parties to complete independently. The role of lawyers mainly includes three aspects: reviewing and organizing the original trial files to identify specific errors in fact determination or law application; discovering and fixing new evidence, such as new appraisal opinions, witness testimonies, audiovisual materials, or procedural documents; and writing standard appeals or retrial applications in accordance with the requirements of the accepting authority, and following up on communication during the filing and review stages. It should be noted that an appeal does not necessarily lead to a retrial. Whether to initiate a retrial is decided by the People's Court or the People's Procuratorate in accordance with the law.Criminal defense and criminal case filingYou can view similar questions in this column.

I. Problem Background and Typical Scenarios

The parties seeking a retrial have usually gone through all levels of trial and face several situations: First, the parties believe that the original judgment misidentified the facts, and new evidence or clues have been found during the serving of the sentence; Second, there were procedural problems in the original trial, such as failure to safeguard the right to defense according to law, failure of personnel who should have been recused to recuse themselves, and evidence not being cross-examined; Third, the subsequent effective judgments of co-defendants in the same case contradict the findings in this case; Fourth, the victim's side believes that the defendant's sentence is too lenient and hopes to apply for a protest against the judgment. In addition, there are situations where the parties have been rejected multiple times and need to reorganize the materials and adjust the angle of the appeal. When handling such matters in the Beijing area, the accepting authorities usually focus on reviewing whether the appeal meets the statutory conditions, whether the materials are complete, and whether the original judgment documents and identity materials are attached. The criminal retrial process is long and the review is strict. Whether it can be initiated often depends on the quality of the evidence and the standardization of the materials, which is different from the review focus of civil retrial. For matters involving the supervision of civil judgments, they can be referred to together.Creditor's rights and debts, and enforcement casesColumn.

II. Key points of dispute

The first focus is whether it falls into the statutory circumstances for retrial, which requires a case-by-case comparison with specific provisions such as new evidence, insufficient or unreliable evidence, misapplication of the law, and procedural violations. The second focus is the standard for identifying new evidence. When the new evidence was obtained, whether it can affect the conviction and sentencing, and whether the source is legal are all key review points. The third focus is the difference between an appeal and a retrial application. An appeal does not necessarily trigger a retrial, and the court must review it before deciding whether to retry the case. The fourth focus is the determination of the accepting authority. Generally, the appeal is submitted to the court that issued the effective judgment or its superior court, and it can also be submitted to the People's Procuratorate for supervision. The fifth focus is the appeal period and frequency. The law does not set strict time limits, but repeated appeals will reduce the review efficiency. The sixth focus is the connection between the original defense opinions and the grounds for retrial, to avoid repeating unoriginal claims that have already been reviewed. The seventh focus is the exercise of lawyers' defense rights. In the retrial stage, lawyers can still appoint defense attorneys and request to review case files and meet with clients. Specific provisions shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

The value of criminal retrial lies in correcting errors in the effective judgments, and the premise of discovering errors is to re-examine the evidence of the original trial. Taking a criminal and civil suit case of intentional homicide represented by Attorney Liu Liqiang of our firm as an example, we can intuitively illustrate the professional requirements of evidence review: On the night of June 16, 2024, in the laboratory of a certain mixing station, staff members Zhang Bin, Li Yuanzheng, Zhao Gang, and Zhou Xiaohua had an argument with the defendant, Zhang Daqiang, who was persuaded to leave. After being sent back to the dormitory, Zhang Daqiang did not calm down and immediately drove a white off-road vehicle at a speed of about 60 to 62 kilometers per hour into the laboratory, smashing the door and breaking through the back wall, resulting in the death of Zhao Gang on the spot and injuries to Zhang Bin and Li Yuanzheng, with Zhou Xiaohua also affected. Attorney Liu Liqiang represented the victim's wife, Liu Shufen, in the civil suit, and his working method is exactly what is needed in the retrial stage: comprehensively reviewing physical evidence, documentary evidence, witness statements, the defendant's confessions, appraisal opinions, on-site inspection transcripts, and audiovisual materials, comparing details item by item, and organizing opinions around four aspects: subjective intent, voluntary surrender, the victim's fault, and the characterization of the crime. For example, regarding voluntary surrender, although Zhang Daqiang voluntarily called the police, he lied about the brake failure and gave inconsistent statements, failing to truthfully confess the main facts of the crime, which did not constitute voluntary surrender according to law. The court ultimately adopted the attorney's opinion and sentenced Zhang Daqiang to death for intentional homicide and supported the request for civil compensation. This ability to disassemble facts and legal application issues from the details of the case file is the key to whether the retrial application can form effective grounds. If the parties file appeals on their own, they can only repeat the original trial claims and it is difficult to put forward new grounds that meet the statutory requirements, which is also the practical significance of hiring a lawyer in major and difficult cases. This case was handled by Beijing Henglu Law Firm. 刑事再审的价值在于纠正已生效裁判中的错误，而发现错误的前提是对原审证据的重新审视。以本所刘立强律师代理的一起故意杀人罪刑事附带民事诉讼案件为例，可以直观说明证据审查的专业要求：2024年6月16日深夜，某拌合站实验室内，工作人员张斌、李远征、赵刚、周小华与被告人张大强发生争执后被劝开，张大强被送回宿舍后并未平息情绪，随即驾驶白色越野汽车以约60至62公里的时速冲撞实验室，车辆撞毁房门并从后墙冲出，致赵刚当场死亡，张斌、李远征受伤，周小华受波及。刘立强律师代理被害人赵刚之妻刘淑芬参加附带民事诉讼，其工作方式正是再审阶段同样需要的：全面审阅物证、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，逐项比对细节，围绕主观故意、自首情节、被害人过错与罪名定性四个方面组织意见。例如，就自首而言，张大强虽主动报警，但谎称刹车失灵、前后供述不一，未如实供述主要犯罪事实，依法不构成自首。法院最终采纳代理意见，以故意杀人罪判处张大强死刑并支持附带民事赔偿请求。这种从卷宗细节中拆解事实与法律适用问题的能力，正是在再审申请能否形成有效理由的关键。若当事人自行申诉，往往只能重复原审主张，难以提出符合法定情形的新理由，这也是重大疑难案件中委托律师的现实意义。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 suggestions: First, collect the adjudicative documents, trial transcripts, and evidence materials from all levels of the original trial in their entirety to form a timeline of the case; Second, compare each item with the statutory circumstances for retrial to clarify whether the core reasons for the appeal are new evidence, insufficient evidence, misapplication of the law, or procedural violations. For procedural issues, you can refer to the relevant provisions of the Civil Procedure Law of the People's Republic of China.Criminal defense and criminal case filing1. Program description in the column; 2. Identify and secure new evidence that may be lost as soon as possible, such as physical evidence, audio-visual materials, and witness statements. If necessary, apply for the collection or appraisal of such evidence; 3. Prepare a standardized appeal letter or retrial application in accordance with the requirements of the accepting authority, and attach identity documents and copies of the judgment documents; 4. Simultaneously consider applying to the People's Procuratorate for legal supervision to broaden the channels of relief; 5. Maintain reasonable expectations. An appeal does not necessarily lead to a retrial. Applicants should cooperate with the review process and continuously supplement the materials. 6. Legal basis: The provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding the judicial supervision procedure, appeals, and retrial situations; relevant articles of the Criminal Law of the People's Republic of China; specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, criminal retrial is not a routine continuation of the third trial. The threshold for initiating it is relatively high, and new reasons that meet statutory requirements are needed. Second, don't pin your hopes on repeatedly stating your grievances. The reviewing authorities focus on specific errors in evidence and legal application. Third, the authenticity and legality of new evidence are equally important. Materials obtained illegally or with unclear sources are difficult to be admitted. Fourth, the appeal period is usually quite long. Parties and their families should be prepared for a long-term process while paying attention to other legitimate rights such as sentence reduction and parole. Fifth, if the victim believes the sentencing is excessively lenient, they can legally request the People's Procuratorate to file an appeal. Sixth, whether to hire a lawyer should be determined based on the complexity of the case. For cases involving voluminous case files and disputes focused on evidence and procedural issues, professional review of the case materials and legal arguments are often indispensable.

VI. Frequently Asked Questions

Q1: Is it necessary to hire a lawyer for a criminal retrial?

It's not mandatory. The parties concerned and their legal representatives or close relatives can file appeals on their own, or entrust lawyers to apply on their behalf. The law does not stipulate that retrial must be represented by a lawyer.

Q2: Under what circumstances can one apply for a retrial?

According to the provisions of the Criminal Procedure Law of the People's Republic of China on the trial supervision procedure, these circumstances include the following: there is new evidence to prove that the facts of the original judgment were indeed erroneous; the evidence used to convict the defendant is inaccurate and insufficient; there are indeed errors in the application of the law; and the violation of the trial procedure may affect the fairness of the trial.

Q3: How long can I appeal within after the judgment takes effect?

The law does not set strict time limits for appeals, but an appeal does not necessarily lead to a retrial. Whether to initiate a retrial is decided by the people's court or the people's procuratorate after review in accordance with the law. It is advisable to file the appeal as soon as possible and attach complete materials.

Q4: What is the difference between an appeal and an application for a review of a judgment?

An appeal is a request by a party or others to the court or the procuratorate for a review of the case. A protest is a supervision measure initiated by the people's procuratorate based on its belief that the effective judgment contains errors. The two procedures involve different subjects and procedures, but they can be carried out simultaneously.

Q5: Can I still proceed after my appeal is rejected?

You can continue to report the matter to the higher-level authority, but you should adjust the grounds for appeal and provide new evidence and materials. It is usually difficult to advance the procedure by repeatedly raising the same grounds as those already reviewed and concluded by the authority.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

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 current laws and regulations and publicly available adjudication rules, and is provided 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 the event of a dispute, please consult a practicing lawyer in a timely manner.