[Direct answer]In the Beijing area, a petition for criminal retrial shall include the following six items: the basic information of the appellant and the original defendant; the case number and judgment result of the original effective judgment; a clear appeal request, such as revoking the original judgment, retrying and making a new judgment according to law, or remanding the case for retrial; specific reasons for retrial, which must correspond to the statutory circumstances listed in Article 253 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), including new evidence proving that the facts determined in the original judgment were indeed erroneous, the evidence used to convict and sentence the defendant being untrue or insufficient, the application of the law being erroneous, and violations of statutory litigation procedures; evidence and clues supporting the claim; and the signatures and dates of the receiving court and the appellant. Generally, the petition is submitted to the higher people's court of the court that issued the effective judgment. The writing points can be referred to for reference.Criminal defenseColumn.

I. Problem Background and Typical Scenarios

Such requests often arise after the judgment takes effect: the parties or their families discover new evidence, believe that the evidence used to convict them is unreliable, or believe that the original judgment applied the law incorrectly or violated legal procedures, hoping to correct these issues through the judicial supervision process. Typical situations include: first, the emergence of new evidence, which undermines the factual basis of the original judgment; second, changes in the judicial interpretation of similar cases, raising doubts about the legal application of the original judgment; third, procedural issues in the original trial, such as failure to recuse a judge or depriving the defendant of the right to defense; fourth, the approaching deadline for appeals, requiring prompt written submission. In Beijing, parties generally file appeals with the court that issued the effective judgment or its superior court, or may also apply to the people's procuratorate at the same level for a protest against the judgment.

II. Key points of contention

The disputes focus on the following aspects: Firstly, whether the grounds for retrial meet the statutory requirements. Appeals cannot simply be based on the "unfair outcome", but must be specific to new evidence, unauthentic evidence, or errors in the application of the law. Secondly, the argumentation structure of the application form. The grounds and evidence must correspond to the original judgment text, and general statements will make it difficult to establish a case. Thirdly, the choice of jurisdiction and path. Whether to appeal to the court or apply for a counter-appeal to the procuratorate will have different effects and timelines. Fourthly, the time limit for appeals. Generally, appeals should be filed within two years after the completion of the execution of the sentence, and those with statutory grounds are not subject to time restrictions. Fifthly, the standardization of documents and materials. Specific matters such as writing and evidence organization can be referred to for reference.Special services and other casesColumn. Specifically, it shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

The success of a retrial application depends on a thorough analysis of the facts of the original judgment and the application of the law, which is consistent with daily defense work. Taking a case of spreading obscene materials handled by our firm as an example: C was criminally detained for reposting and disseminating three obscene videos. The lawyer compared the judicial interpretation item by item and pointed out that for non-profit dissemination, the conviction requires more than 40 video files. In this case, the number of files was less than one-tenth of the threshold. The number of views and downloads cannot replace the quantity threshold. Combined with the defendant's voluntary surrender, admission of guilt, and the argument that there is no social danger, the case-handling organ eventually made a decision to grant bail pending trial. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acted as the agent. This case demonstrates the working method of searching for legal basis article by article and pinpointing the disputes to specific normative elements. When proving that "the applicable law was indeed erroneous" in the application for retrial, it is also necessary to have the ability to compare the original judgment with legal provisions and judicial interpretations article by article. The more specific the facts are described, the easier it is for the reviewing authority to determine whether to initiate a retrial.

IV. Practical suggestions and legal basis

Action suggestions: First, confirm the effective time of the judgment and the execution of the sentence, and evaluate the time limit for appealing; Second, screen the grounds for retrial according to Article 253, and select one to two most evidence-supported grounds to focus on; Third, collect new evidence around the grounds, such as new appraisal opinions, witness testimonies, and similar effective judgments; Fourth, draft the document according to the structure of "basic information - original judgment situation - appeal request - grounds for retrial - evidence clues", and the format and material norms can be referred to for referenceSpecial services and other cases1. Column; 2. The fifth step is to simultaneously evaluate the paths of appealing to the court and applying for a protest to the procuratorate, and to hire a lawyer to represent them if necessary. 3. In terms of legal basis, Article 252 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that parties and their legal representatives or close relatives have the right to appeal. Article 253 lists the grounds for retrial, and Article 258 stipulates that cases retried in accordance with the judicial supervision procedure shall be concluded within three months from the date of making the decision on retrial, and the period may be extended to no more than six months if necessary.

5. Henglu Law Firm's Advice

Risk warning: Firstly, the appeal does not stop the execution of the original judgment or ruling, and the expectations should be objective; Secondly, if the appeal is solely based on the fact that the sentencing is too severe, the proportion of cases that initiate retrial is not high. The focus should be on errors in facts, evidence, and the application of the law; Thirdly, if the appeal is submitted beyond the time limit and there are no statutory circumstances, it may not be accepted; Fourthly, repeatedly submitting appeal materials with similar content is of no help. The key is to supplement new evidence. It is recommended to adopt the following measures:Beijing Henglu Law FirmThe criminal section of the official website evaluates the feasibility of retrial and has professional lawyers review the legal documents.

VI. Frequently Asked Questions

Q1: Is the success rate of applying for a criminal retrial high?

The threshold for initiating a retrial is relatively high, and the court adopts a cautious attitude towards judgments that have taken effect. Whether a retrial can be initiated depends on whether it falls into the statutory grounds for retrial. If there is new evidence that is sufficient to overturn the factual findings of the original judgment, if there are indeed errors in the application of the law in the original judgment, or if there are serious violations of the litigation procedures, the possibility of initiating a retrial is significantly higher. Appeals solely based on the severity of the sentence or dissatisfaction with the outcome are generally difficult to proceed to a retrial. The key to increasing the success rate lies in aligning the grounds with the specific circumstances of Article 253 of the Criminal Procedure Law and providing sufficient evidence. It is recommended to first have a professional lawyer evaluate the case before proceeding.

Q2: What materials should be prepared for applying for a retrial?

The basic materials include: the application for retrial, submitted in the number required by the receiving court; the identity certificate and power of attorney of the appellant; the original or copy of the judgment document of the first-instance trial, the judgment document of the second-instance trial, or the ruling document; the evidence supporting the reasons for retrial, such as newly discovered physical evidence, appraisal opinions, witness statements, and similar effective judgments; and, if the applicant has previously appealed, the documents of the previous review and handling. The materials should correspond to each item in the application, be bound in a standard manner, and have clear page numbers, so as to facilitate the review by the reviewing authority.

Q3: How much does it cost to apply for a retrial?

Criminal appeals do not charge litigation fees to the appellants themselves. The main costs include evidence retrieval, appraisal, material organization, and attorney's fees, which are determined through negotiation based on the complexity of the case and the workload, with no standardized rates. It should be noted that if the verdict is changed to acquittal after a retrial, the appellant can apply for state compensation in accordance with the law. Before signing the contract, it is necessary to clarify the scope of representation, the composition of fees, and the work timeline. The law firm should issue invoices for the fees in a standardized manner to avoid private transactions. At the time of signing the contract, it is also necessary to confirm the arrangements for supplementing evidence and communication.

Q4: How long will the review and trial of the retrial take?

The time limit is divided into two stages: the appeal review stage, in which the court reviews the appeal after receiving it and decides whether to initiate a retrial. In practice, the review period is quite flexible. After entering the retrial stage, according to Article 258 of the Criminal Procedure Law, the case shall be concluded within three months from the date of making the decision on the retrial. If an extension is necessary, it shall not exceed six months. Appeals should generally be filed within two years after the completion of the execution of the sentence, and those with statutory circumstances are not subject to restrictions. Submitting standardized and evidence-based materials as early as possible is conducive to shortening the review period.

Q5: Can I apply again after my appeal is rejected?

Yes, but it's not very meaningful to submit the appeal blindly. After the appeal is rejected, you should analyze the reasons for the rejection: if the materials are insufficient, you can supplement new evidence and then appeal again; if you have exhausted all the appeal channels in the court, you can apply to the people's procuratorate at the same level as the court that issued the effective judgment for an appeal suggestion; if it meets the statutory circumstances, the time limit can be exceeded. Each application should adjust the argumentation structure according to the reasons for the rejection. It's usually difficult to change the conclusion by simply repeating the original materials. If necessary, you can refer to it for reference.Criminal defenseThe column entrusts professional lawyers to act as agents on its behalf.

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, 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 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. In case of disputes, please consult a practicing lawyer in time.