[Direct answer]In the Beijing area, there is still an opportunity to maintain or switch to a defense of innocence after the first-instance judgment, mainly by appealing in the second-instance procedure. According to Articles 227 and 233 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the defendant has the right to appeal against the first-instance judgment, and the second-instance court will review the entire case. Whether the defense of innocence can be established depends on whether there is room for debate regarding the factual evidence and the application of the law. Lawyers will conduct arguments based on new evidence or the facts and procedural flaws identified in the first instance. It is recommended that the parties consult professional lawyers as soon as possible during the appeal period to assess the possibility of a change in the judgment. For more details, please refer toCriminal defense and criminal case filing services.

1. Problem background and typical scenarios

After being convicted of guilt or a more severe crime in the first instance, the defendant often faces a dilemma: to accept the verdict or to continue fighting for acquittal. Typical scenarios include: the defendant made a defense of a lighter charge in the first instance, but the result was still severe, and wants to change to a defense of acquittal in the second instance; the defendant was convicted of guilt in the first instance due to insufficient evidence, but new clues have been found; and the defendant regrets having pleaded guilty and accepted the punishment in the first instance, believing that the basis for the original conviction was not sound. All these situations involve the question of whether it is possible to change to a defense of acquittal after the verdict. The second-instance criminal trial and remedial path can be combinedCriminal defense and criminal case filing servicesPlease let me know at the same time.

II. Key points of contention

There are four key points of the dispute. Firstly, the scope of review in the second instance: the court of second instance comprehensively reviews the facts and applicable laws identified in the first-instance judgment, not limited to the grounds of appeal. Secondly, new evidence: whether the clues or evidence of innocence that emerged after the first instance can be submitted in the second instance and affect the determination. Thirdly, withdrawal of guilty pleas and plea bargains: in cases where the guilty pleas and plea bargains were made in the first instance, if there is inducement or untrue factual basis, can the court of second instance adjust the defense direction? Fourthly, remand for retrial: in cases where the facts are unclear and the evidence is insufficient, the court of second instance may rule to revoke the judgment and remand the case for retrial, and the defense space will be reopened during the retrial. For a comprehensive analysis, the following can be referred to:Special services and other case-related services.

III. Professional analysis by Hengluo Lawyers

Based on the practical experience of handling criminal cases in our firm, it is not impossible to shift to a defense of innocence after the first-instance judgment, but this must be based on arguable points. Common approaches include: pointing out errors in the factual findings of the first-instance judgment, insufficient or conflicting key evidence; exposing evidence collection, appraisal, or procedural violations that affect the conviction; submitting new evidence sufficient to shake the guilty determination in the second instance; and, in cases where the defendant pleaded guilty and accepted the punishment in the first instance, demonstrating that the basis for the plea is not genuine and the voluntariness is questionable. It should be emphasized that a defense of innocence does not mean that the outcome will necessarily be overturned. Lawyers will honestly explain to clients the strength of the evidence, the probability of a change in the judgment, and the associated risks, rather than making false promises. The professional control of such cases relies on the review and trial experience of our firm's criminal team. For more details about related services, please refer to the following link:Criminal defense and criminal case filing services.

IV. Practical suggestions and legal basis

The core basis is Article 227 (Right of Appeal), Article 233 (Comprehensive Review in the Second Instance), and Article 236 (Handling in the Second Instance: Maintaining, Modifying, or Sending Back for Retrial) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); as well as the general provisions on the constitution of crimes in the Criminal Law. The specific crime names and article numbers shall be subject to the currently effective laws, regulations, and judicial rulings. Practical suggestions: After receiving the first-instance judgment, immediately check the appeal period (the appeal period for dissatisfaction with the judgment is ten days, starting from the second day after receiving the judgment); as soon as possible, entrust a lawyer to collect and review the case files; systematically sort out the flaws of the first-instance trial and new evidence, and formulate written appeal and defense strategies; for those who regret their guilty plea and sentencing agreement, focus on demonstrating the authenticity and factual basis of the written agreement.

5. Hengluo Law Firm's Reminder

After the first-instance judgment, it's not a "done deal". However, to overturn the guilty verdict, solid evidence and legal grounds are needed, rather than emotions or luck. It is recommended that the parties make a rational assessment: first, let the lawyer review the case to determine whether there are substantive points for defense, and then decide whether to appeal and whether to shift to a defense of innocence; do not miss the appeal period, and do not believe in the rhetoric of "guaranteed victory in overturning the case". Even if the second-instance judgment is upheld, relief can still be sought in accordance with the law during the execution of the sentence and the appeal process. If you need a professional evaluation, you can visitThe official website of Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: After the first-instance verdict, can we still insist on or change to a defense of innocence and strive for a retrial?

It's possible to fight for it. After the first-instance judgment, the defendant can appeal within the appeal period. The second-instance court will review the entire case, and the lawyer can put forward a defense of innocence based on errors in the factual determination of the first-instance court, insufficient evidence, procedural violations, or new evidence. In cases where the facts are unclear and the evidence is insufficient, the case may be sent back for rehearing. However, the outcome depends on whether the evidence and legal grounds are solid. The lawyer will honestly assess the possibility of a retrial, rather than promising a guaranteed victory.

Q2: If I want to plead not guilty in the second instance, what materials do I need to prepare or submit?

The key elements include the complete first-instance case files and judgments, as well as any new evidence that may challenge the guilty verdict (such as alibi evidence, new witnesses, appraisal objections, and procedural violations). Lawyers should also prepare drafts of the first-instance defense opinions and appeal briefs, and identify potential issues with the factual findings and legal application in the first-instance trial. The more systematic the materials are, the more efficient the lawyers will be in reviewing the case and formulating defense arguments. It is recommended to organize these materials as soon as possible after receiving the judgment.

Q3: How much does it generally cost to hire a lawyer to defend against a conviction in the second instance?

The defense fee for the second instance is negotiated between the law firm and the client. It is usually charged on a per-stage basis or priced according to the workload. Criminal defense is not allowed to be conducted on a contingency fee basis according to the law. The specific pricing shall be subject to the contract of entrustment. There is no nationwide standard pricing. If it is necessary to review the case file, supplementary evidence collection, or expert argumentation, third-party fees may be incurred. It is recommended to request a written fee breakdown, clarify the scope of representation and whether it includes travel expenses, litigation fees, etc., and then weigh the investment against the potential benefits based on the room for negotiation.

Q4: How long does it usually take from the first-instance judgment to the result of the second-instance trial?

The appeal period for those who disagree with the judgment is ten days, starting from the day after they receive the judgment document; the trial period of the second-instance court is generally two months, and it may be extended for cases involving the death penalty or accompanying civil litigation. If the case is remanded for rehearing, the first- and second-instance periods will be recalculated. Overall, it often takes several months from the judgment to the final conclusion of the second-instance appeal. It is recommended to start reviewing the case files and preparing materials during the appeal period to avoid wasting time on the deadline.

Q5: I want to seek a not-guilty defense after the first instance. What should I do specifically in the first step?

Here are the four steps suggested: First, immediately check the appeal period after receiving the judgment and make sure not to exceed it; Second, entrust a lawyer with criminal expertise to review the case file and determine whether there are any substantive points that can be argued in terms of facts, evidence, or procedures; Third, organize possible new evidence clues and a list of first-instance flaws to formulate an appeal and a defense strategy for acquittal; Fourth, file an appeal after clarifying the scope of representation, fees, and communication mechanisms with the lawyer, and proceed with the second-instance proceedings in accordance with the law.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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·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.