[Direct answer]In the Beijing area, a retrial of a criminal case requires meeting the statutory grounds for retrial. According to Article 253 of the Criminal Procedure Law of the People's Republic of China, if the original judgment or ruling is found to have factual errors (such as new evidence, major evidence that is untrue or insufficient, errors in the application of the law, violations of legal procedures, or judges' corruption or miscarriage of justice), the people's court shall retry the case. In the retrial, the original wrongful judgment shall be corrected based on the new facts and evidence. The parties involved, their legal representatives, and close relatives may file appeals, but the initiation of the retrial and the modification of the judgment depend on the evidence and the application of the law, and an appeal does not necessarily lead to a modification. It is recommended to collect new evidence, review the flaws of the original judgment, and consult professional lawyers as soon as possible to assess the possibility of retrial. For more details, please refer to the following link:Criminal defense and criminal case filing services.

1. Problem background and typical scenarios

Criminal retrial is a remedy channel for correcting erroneous convictions that have taken effect. Typical scenarios include: new surveillance footage or new witnesses being discovered at the crime scene after conviction; key evidence relied upon for conviction in the original trial being confirmed to have been obtained illegally and should be excluded; the original judgment applying the law obviously incorrectly or imposing a disproportionately severe sentence; and the trial personnel being involved in corruption and illegal practices. Many families believe that "as long as they appeal, the case can be overturned", but in reality, the threshold for retrial is strict and requires substantial grounds. For cases involving the enforcement of accompanying civil suits, it can be combined with other legal remedies.Creditor-debtor relations and enforcement case servicesI'll find out more about it later.

II. Key points of dispute

There are three main points of contention. Firstly, whether the case facts are established. Whether the new evidence is sufficient to shake the original findings of fact and whether the evidence chain of the original judgment is broken are the core issues of the review. Secondly, the application of procedures and laws. Whether the violation of legal procedures affects the fairness of the trial and whether there are indeed errors in the application of laws. Thirdly, the paths of appeal and counter-appeal. The parties who file appeals and the procuratorates who file counter-appeals have different initiators, but the review standards are the same. When handling similar cases in Beijing, the review of the substantive grounds for retrial is more cautious. For cases involving criminal procedures, reference can be made to the relevant provisions.Personal injury and medical dispute servicesOther than that, he/she also has expertise in criminal law.

III. Professional analysis by Hengluo Lawyers

Take a criminal case handled by our firm as an example: On June 16, 2024, Zhang Daqiang drove a car into a laboratory, causing the death of Zhao Gang and injuring two others. The victims' families entrusted Beijing Henglu Law Firm to handle the accompanying civil litigation. The lawyer comprehensively reviewed the case file, and for each of the subjective intent, voluntary surrender, and the determination of the crime, he argued that the defendant should be convicted of intentional homicide and given a heavier punishment. The court adopted the lawyer's opinion and sentenced Zhang Daqiang to death for intentional homicide. This case demonstrates the key role of professional criminal defense in reviewing case files, analyzing evidence, and providing defense arguments. For judgments that have taken effect, if new evidence or legal flaws in the evidence or procedures of the original judgment are found, a retrial may be applied for in accordance with the law. 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) acts as the agent. In the case of criminal appeals, the attorney may cooperate with other attorneys or legal professionals to provide legal services.Criminal defense and criminal case filing servicesCoordinate and plan things in an organized and systematic way to achieve a specific goal or complete a task effectively and efficiently.

IV. Practical suggestions and legal basis

The core basis is Article 253 (Circumstances Requiring Retrial) and Article 254 (Initiation of Retrial by Court Presidents at All Levels, Superior Courts, and the Supreme People's Procuratorate) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); as well as the provisions on appeal review in relevant judicial interpretations. Practical suggestions: Systematically review the original trial case files to identify specific flaws in the facts, evidence, or legal application; collect new evidence and fix the sources; prioritize filing an appeal within two years after the completion of the sentence, and, if necessary, request the procuratorate to file an appeal; and entrust a lawyer to draft the application for retrial and the statement of reasons. For evidence retrieval, it can be combined with other relevant procedures.Special services and other case services.

5. Hengluo Law Firm's Reminder

A retrial is a serious judicial procedure, the outcome of which depends on new factual evidence and statutory grounds. Lawyers cannot guarantee a certain change in the verdict. It is recommended to avoid wasting energy on blind appeals and first have a professional lawyer evaluate whether there are indeed correctable flaws in the original judgment; for those with new evidence, it is necessary to fix and submit it as soon as possible. Never forge evidence or interfere with the judicial process, otherwise you may bear legal responsibility. If you need an evaluation, you can work with a team of criminal law experts to exercise your right to appeal in accordance with the law and in a rational manner.

VI. Frequently Asked Questions

Q1: Is there any possibility of a retrial and a change in the verdict in criminal cases, and is the chance of success high?

The retrial and modification of the judgment are based on statutory grounds, and it is not the case that the appeal alone leads to a modification. According to Article 253 of the Criminal Procedure Law, the court shall only conduct a retrial if there are new evidences sufficient to overturn the original judgment, the main evidences are untrue or insufficient, the application of the law is erroneous, the violation of statutory procedures affects the fairness of the trial, or the judges misuse their power in the trial. In this case, the court shall further verify the original wrongful judgment in the retrial. Lawyers can help you assess whether there are any correctable flaws in the original judgment, but they cannot promise that the judgment will definitely be modified. The outcome depends on the evidence and the application of the law.

Q2: When applying for a criminal retrial, what evidence and materials do I need to prepare?

The core materials include: the original judgment and ruling documents; new evidence to prove new facts (such as newly discovered physical evidence, witness testimonies, and appraisal opinions); comparison materials pointing out the inaccuracies, insufficiencies, or contradictions in the evidence of the original judgment; clues and bases for the errors in the application of the law or procedural violations in the original judgment; and the appeal letter or the application for retrial. The materials should be organized around the statutory grounds for retrial. When necessary, the applicant may request the court to collect or the procuratorate to verify the materials to avoid making vague appeals.

Q3: How much does it usually cost to hire a lawyer to handle a criminal appeal or a retrial?

The attorney's fees are negotiated between the law firm and the client. They are typically charged on a per-case or per-stage basis, with the specific fees determined by the client contract. There is no nationwide standard pricing. For retrial cases, the fees are usually higher than those for ordinary consultations due to the large volume of case files and the need to prepare detailed legal briefs. If multiple appeals, hearings, or litigation procedures are involved, the fees may be charged on a stage-by-stage basis. It is recommended to request a detailed fee breakdown, clarify the stages of representation and whether third-party costs are included, reject unrealistic promises of guaranteed victory, and evaluate the case's importance before making a decision.

Q4: How long does it usually take from applying for a retrial to obtaining a final change in the verdict?

There is no absolute time limit for the court to review appeals or counter-appeals, which often takes several months or longer. After the decision on retrial, the retrial proceedings will follow the original trial procedures, and the ordinary procedures will be concluded within several months. If it involves the investigation of new evidence, appraisal, or the case being sent back for retrial, the period will be even longer. It is recommended to focus on advancing the process within two years after the completion of the execution of the sentence, and pay attention to the time window for collecting and fixing new evidence. The overall duration depends on the intensity of the case and the progress of the proceedings. If necessary, hire a lawyer to speed up the standardization of the materials.

Q5: I think there are problems with the original judgment and I want to apply for a retrial. What should I do first?

Here's the translation of the Chinese sentence into English: Suggest four steps: First, retrieve and read through all the case files and judgments of the original trial to identify specific flaws; Second, collect new evidence or sort out contradictions in the original judgment evidence and clues of procedural violations; Third, write an appeal letter or a petition for a retrial, corresponding to the statutory grounds for retrial item by item; Fourth, submit it to the court with jurisdiction or request the same-level or superior procuratorates to file a protest. Keep the original materials throughout the process, and when necessary, entrust a lawyer to evaluate and represent them, advancing the process rationally and in accordance with the law.

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 Hengluo Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, so as 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 publicly available 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.