[Direct answer]In the Beijing area, when choosing a criminal retrial lawyer, the focus should be on their experience in trial supervision procedures, evidence review, and legal argumentation, rather than promotional titles. According to Article 252 of the Criminal Procedure Law of the People's Republic of China, parties and their legal representatives or close relatives may file appeals to the people's court or the people's procuratorate against judgments and rulings that have already taken legal effect; Article 253 lists the circumstances under which a retrial should be conducted, including the existence of new evidence sufficient to affect the conviction and sentencing, insufficient or unreliable evidence, errors in the application of the law, and violations of trial procedures. Whether an appeal can be accepted depends on whether there are statutory grounds. When choosing a lawyer, it is necessary to require them to review the case files first to assess the feasibility. For more details, please refer to the following sources:Criminal defense and criminal case filing services.

I. Problem background and typical scenarios

After the verdict takes effect, it is often difficult for the parties and their families to accept the outcome and hope to "overturn the verdict". Typical dilemmas include: not knowing what else to do after losing the first and second instance trials; hearing that an appeal is possible but not understanding the conditions; being repeatedly rejected when making repeated visits and submitting the same materials; and trusting intermediaries who claim that "connections can overturn the verdict" and losing the opportunity after paying high fees. An appeal is the statutory last remedy, but it does not mean that "if you don't agree, you can have a retrial". Without new evidence or statutory errors in the original trial, it is difficult to initiate an appeal. The earlier you organize the original trial files and fix new evidence, the more likely you are to enter the retrial process.

II. Key points of contention

The validity of the appeal hinges on four key points. First, whether there are statutory grounds for a retrial: new evidence, conflicting evidence, errors in the application of the law, and procedural violations, which are explicitly listed in Article 253 of the Criminal Procedure Law. Second, the determination of new evidence: whether it was newly discovered after the conclusion of the original trial and whether it is sufficient to overturn the original verdict directly determines the weight of the appeal. Third, legal application arguments: errors in the determination of the charge and the application of sentencing circumstances require systematic demonstration with similar precedents. Fourth, the choice of appeal path: appealing to the court and appealing to the procuratorate can be conducted in parallel, and the hierarchy and timing of the appeal affect the efficiency of the remedy.

III. Professional analysis by Hengluo Law Firm

The basis of defense in a retrial lies in "identifying errors in the original trial case files". In a case of intentional injury represented by Attorney Yuanhang Yuan of Hengluo Law Firm, the client engaged in a fight with the other party by throwing wine bottles at each other over a trivial matter, resulting in a second-degree light injury to the other party. The client was transferred for review and prosecution on suspicion of intentional injury. After reviewing the case files, the attorney argued that the client's actions constituted self-defense. According to Article 20 of the Criminal Law and Articles 16 and 177 of the Criminal Procedure Law, the attorney submitted an application for non-prosecution. The procuratorate ultimately adopted the attorney's opinion and made a decision of non-prosecution. This case was handled by Beijing Hengluo Law Firm.Yuan HangThe attorney (practice license number: 11101202110286151, subject to the certificate issued by the judicial administrative organ) acts as the agent. Similarly, in the case of illegal absorption of public deposits handled by Attorneys Yin Hang and Wang Di, the attorney took into account factors such as the defendant's status as an accomplice of a grassroots salesperson, his confession and plea of guilty, and his restitution of 320,000 yuan, and successfully secured a judgment of fixed-term imprisonment of one year and probation of two years for the client. In the case of embezzlement handled by Attorneys Leng Dewu and Zhu Guiying, the attorney argued that the case was a family economic dispute that was maliciously criminalized, and the procuratorial organ made a decision not to approve the arrest. These cases collectively demonstrate that accurate evidence review and legal application argumentation are key to changing the outcome of a case.

IV. Practical suggestions and legal basis

The legal basis is Article 252 (Right of Appeal), Article 253 (Circumstances for Retrial), and Article 254 (Submission of Cases to the Judicial Committee by Court Presidents at All Levels and Retrial by or on the Instructions of the Supreme People's Court) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); and the provisions on appeal materials and acceptance conditions in the Interpretation of the Criminal Procedure Law of the People's Republic of China by the Supreme People's Court (effective on March 1, 2021). Practical suggestions: First, entrust a lawyer to review the original trial case files to assess whether there are statutory grounds for retrial. Second, draft an appeal statement focusing on new evidence, conflicting evidence, or errors in legal application to avoid emotional repetition. Third, submit the appeal materials to the original trial court, its superior court, or the procuratorate at the same level, and retain the receipt. Fourth, monitor the status of sentence enforcement during the appeal period and simultaneously prepare for property preservation and restitution arrangements. For more information on appeal pathways and material requirements, please refer toBeijing Henglu Law FirmThe criminal team conducted further investigations.

5. Henglu Law Firm's Reminder

There are three things to avoid when appealing for a retrial: First, avoid repeating appeals without new evidence, as this not only wastes energy but also easily misses the real window of relief; Second, avoid believing in "guaranteed acquittal" or "internal connections". The retrial procedure is reviewed by statutory organs according to law, and no one can guarantee the outcome; Third, avoid delaying. The collection of new evidence and the status of witnesses will change over time. It is recommended that family members require lawyers to provide written evaluation opinions before entrusting them, clarify the reasons for the appeal, its feasibility, and the expected timeframe, and then decide on the investment. For disputes involving the determination of the original crime and the determination of the amount of the fine, they can also seek help from relevant professionals.Special services and other case servicesOrganize a team discussion to discuss the issue.

VI. Frequently Asked Questions

Q1: Is there a high chance of a retrial and a change in the verdict in a criminal appeal case?

The possibility of a retrial depends on whether there are statutory grounds for retrial and new evidence. According to Article 253 of the Criminal Procedure Law, a retrial may be possible only if there is new evidence proving that the facts determined in the original judgment were indeed erroneous, that the evidence used to convict and sentence the defendant was unreliable and insufficient, that the law applied was indeed erroneous, or that the trial procedures were illegal. If there is no new evidence and the facts of the original trial and the application of the law are not obviously erroneous, the appeal will likely be rejected. The value of a lawyer lies in identifying contradictions in the evidence and errors in the application of the law from the case files. Therefore, before entrusting a lawyer, it is necessary to review the case files and conduct an assessment first, rather than simply trusting verbal promises.

Q2: What materials are needed to appeal for a retrial?

The core materials include: the original or copy of the first-instance judgment and ruling; the transcript of the first-instance trial and copies of the main evidence (obtained by the lawyer from the case file); the appeal statement, stating the appeal request, the statutory grounds for retrial, and the factual reasons; new evidence and its source description, proving that it was newly discovered after the conclusion of the first-instance trial or that there were objective reasons for not submitting it in the first-instance trial; and the client's identity certificate and authorization documents. The materials should correspond to the grounds listed in Article 253 of the Criminal Procedure Law one by one. The more specific the evidence is, the more weight the appeal will carry.

Q3: Are the fees for criminal retrial lawyers very high?

The fees for retrial appeals are usually higher than those for ordinary first-instance cases, as the workload focuses on comprehensive review of case files, evidence review, and legal argumentation. Some cases also require the transfer of case files from other regions. The fee structure is mostly based on a fixed amount per stage or negotiated based on the workload. The specific amount is determined by the law firm and the client according to the complexity of the case, and there is no unified standard. Moreover, according to the "Measures for the Management of Lawyer Service Fees", criminal litigation cannot be conducted on a contingency fee basis. It is recommended to require lawyers to explain the scope of case file review, work plan, and fee structure before signing the contract, and to remain vigilant against promotions that charge high fees upfront without providing specific plans.

Q4: How long does it usually take to appeal to a retrial?

There are no unified short-term provisions in the law regarding the review period for appeals. In practice, courts and procuratorates may take several months to review appeal materials. Only when the appeal meets the statutory conditions will the case be registered for retrial, and the retrial process will proceed according to the corresponding procedural time limits. The entire process, from submitting the appeal to the retrial judgment, may take as little as half a year or more than a year, and there is a possibility that the appeal will not be accepted. It is recommended to prepare for the review period in advance. While appealing, do not stop arrangements that are beneficial to sentencing, such as refunding compensation, executing settlements, etc. And keep the acceptance receipts of each link to check the progress.

Q5: If I want to appeal after the judgment takes effect, what should I do first?

There are four steps recommended: First, organize and copy the original trial judgment documents, delivery certificates, and evidence already in hand, and confirm the effective date of the judgment; Second, entrust a professional lawyer to review all the files of the original trial, compare the evidence in the case with the reasoning of the judgment, and identify contradictions in the evidence and errors in the application of the law; Third, write an appeal statement based on the statutory grounds in Article 253 of the Criminal Procedure Law, and attach new evidence and a description of the sources; Fourth, submit the appeal materials to the original trial court or its superior court, and the people's procuratorate at the same level, and keep the receipt of acceptance. It is strictly prohibited to repeatedly file petitions or trust in non-official channels.

The above content is based on the 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 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, so as to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Yuan Hang·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. In case of disputes, please consult a practicing lawyer in time.