[Direct answer]During the appeal stage, lawyers can provide four types of substantive assistance: evaluating whether the grounds for appeal meet the statutory standards for initiating a retrial, organizing new evidence and doubts about the original judgment into standardized appeal materials, filing appeals on behalf of the court or the same-level procuratorate that issued the effective judgment and following up on the review progress, and appearing in court as defense attorneys during the retrial hearing. According to Article 252 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), parties and their legal representatives or close relatives may file appeals against judgments and rulings that have taken legal effect to the people's courts or people's procuratorates. However, filing an appeal does not suspend the execution of the judgment or ruling. Therefore, the professionalism of the appeal plan directly determines whether this door to relief can be opened.

I. Problem background and typical scenarios

After the judgment takes effect, the parties and their families are most likely to fall into two misconceptions: one is that since the judgment has been issued, there's no possibility of a retrial, so they give up the chance to seek a rehearing; the other is that they repeatedly submit emotional appeal letters without new evidence to support their claims, only to receive standardized rejection notices. Appeals target judgments that have already taken effect, and the review threshold is naturally higher than that of the second instance. For the court to initiate a rehearing, there must be statutory grounds, which cannot be compensated for by length or wording. In practice, typical scenarios requiring lawyers' intervention include: contradictions between the main evidence used to determine the facts in the original judgment, new evidence discovered afterwards that may affect the conviction and sentencing, situations where the original trial procedures deprived the parties of their statutory litigation rights, and errors in applying the law resulting in a significantly imbalanced sentencing. Families also generally face three practical difficulties: not knowing whether the appeal should be submitted to the court that issued the effective judgment or to the procuratorate at the same level, not understanding what level of detail is required for appeal materials to be considered standard, and being unable to determine whether the new circumstances in their hands meet the statutory standards. These judgments and operational procedures are precisely where lawyers' professional value can be put to good use.

II. Key points of contention

The first controversy is the gap between the grounds for appeal and the statutory grounds. The grievances in the eyes of the family often need to be professionally translated into the situations listed in Article 253 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) for retrial. For example, if they simply feel that the sentencing is too severe, it must be expressed in terms of errors in the application of the law or obviously inappropriate sentencing to be of review value. The second controversy is the definition of new evidence. Whether the materials collected during the appeal stage constitute new evidence involves multiple judgments on the legality of the sources, their probative force, and their relevance. Materials from illegal sources or mere repetitive defenses will not be considered for review. The third controversy is the choice of appeal path. Whether to appeal to the court or the procuratorate, or to the original court or the higher court, the processing pace and initiation probability after acceptance are different. The fourth controversy is the relationship between appeal and execution. Filing an appeal does not stop the execution of judgments and rulings. Whether the parties also apply for temporary release from custody and other enforcement-related remedies needs to be planned together to avoid neglecting one aspect while focusing on another.

III. Professional analysis by Hengluo Lawyers

The lawyer's work in the appeal stage can be divided into four steps. The first step is feasibility assessment: retrieving the original trial judgment and procedural materials, and comparing each item with the statutory grounds set forth in Article 253 to form a written opinion on whether an appeal can be filed and against whom, thus preventing families from wasting years on appeals lacking legal grounds. The second step is evidence organization: conducting supplementary investigations around the doubts of the original judgment, verifying witness leads, documentary evidence, and the possibility of re-appraisal one by one, distinguishing which can be presented as new evidence and which can only be used as argumentative materials, and checking the legality of the evidence collection methods. The third step is material preparation and submission: the appeal statement must specify the appeal request, factual grounds, and legal basis, with an attachment of evidence lists and sources, and be submitted to the court that issued the effective judgment or the corresponding-level procuratorate, while retaining the acceptance certificate. After that, follow up on the review progress according to the timeline. The fourth step is defense connection in the retrial stage: once the court decides to retry the case, promptly handle the defense entrustment procedures, apply for case file review, and attend the court to present defense opinions, translating the argumentation system established in the appeal stage into courtroom defense. It should be noted that the proportion of appeals triggering retrials is not high in practice. The value of lawyers lies in ensuring that every appeal is based on statutory grounds and evidence, while safeguarding legal rights at the execution level simultaneously, rather than creating unrealistic expectations.

IV. Practical suggestions and legal basis

The core basis is the provisions of the Trial Supervision Procedure in the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018): Article 252 determines the subject of the appeal and the accepting organ. The parties and their legal representatives or close relatives may file an appeal with the people's court or the people's procuratorate against the judgments and rulings that have taken legal effect; Article 253 enumerates the circumstances that require retrial, including where there is new evidence proving that the facts determined in the original judgment or ruling are indeed erroneous and may affect the conviction and sentencing, where the evidence used to convict and sentence is untrue or insufficient, or where there are contradictions between the main evidence proving the facts of the case, where the application of the law in the original judgment or ruling is indeed erroneous, where the litigation procedures violating the law may affect the fair trial, and where the trial personnel engaged in the case have committed acts of corruption, favoritism, or miscarriage of justice. The substantive judgment on whether the sentencing is improper can be made in accordance with the relevant provisions of the Criminal Law of the People's Republic of China (amended on December 26, 2020 and implemented on March 1, 2021). Four practical suggestions: First, conduct a professional evaluation before initiating an appeal and avoid repeatedly submitting appeals based on emotions; Second, prepare the appeal materials in full at one time, with the reasons corresponding to the statutory grounds and the evidence attached with its sources and proof purposes; Third, record the time and accepting organ of each submission to preserve the procedural traces for continuing the appeal to a higher authority; Fourth, pay attention to enforcement-level matters such as the performance of property penalties and rehabilitation during the appeal period. For related procedural details, please refer to the relevant documents.Criminal defense and criminal case filingService page.

5. Henglu Law Firm's Reminder

Applying for a retrial is a long-drawn-out battle that demands rigorous evidence and legal expertise. Three tips: First, the statutory grounds are strict thresholds. No matter how strong one's grievance is, it must be translated into legal language that complies with Article 253. Mere airing of grievances won't advance the review process. Second, the collection of new evidence must be conducted within legal boundaries. It's far more reliable to let lawyers design the evidence-gathering plan than to contact witnesses on one's own. Illegally obtained materials may actually weaken the overall appeal. Third, beware of fee traps disguised as appeals. Ignore any solicitations claiming to handle retrials or smooth things over with authorities. When hiring a lawyer, sign a standard contract with a law firm that has criminal litigation experience. Pay fees into the firm's official account and request an invoice. Preparing every piece of evidence as if it might be scrutinized word by word is the most fundamental discipline in the appeal stage.

VI. Frequently Asked Questions

Q1: Can I resubmit the appeal after it has been rejected once?

Yes, but it must contain new evidence. The current regulations do not set a limit on the number of appeals. After the original accepting organ issues a rejection notice, the party concerned may continue to appeal to the court at the next higher level, or apply to the procuratorate at the same level for supervision. However, the second appeal must present new evidence or reasons that have not been reviewed before. If the claim is simply a repetition of the original argument, it will generally not proceed to substantive review. In practice, the reasonable pace is to carefully study the rejection reasons after each appeal, supplement evidence for unaddressed issues, and complete evidence collection during the interval before resubmitting the appeal. The role of lawyers in this process is to assess the value of the second appeal and avoid getting caught in a cycle of submitting, being rejected, and resubmitting, which not only wastes money but also delays the arrangement of other remedial paths. Article 252 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates the requirements for the subject of the appeal and the accepting organ, which serves as the starting point for designing each round of the appeal process.

Q2: How is the lawyer's review of the case file used in the appeal process?

The review of the case file is the starting point for identifying errors in the original judgment. After the court decides to retry the case, the lawyer, in his role as a defense attorney, may, in accordance with Article 38 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), review, excerpt, and copy the case file materials, and compare the evidence volume with the findings of the original judgment page by page to identify gaps in the evidence chain or contradictions, thereby forming a breakthrough in the defense during the retrial. During the appeal review stage, the lawyer's access to the case file is relatively limited. At this stage, they rely more on publicly available judicial documents, statements from the parties, and materials held by family members to initially identify suspicious points, and then verify them through a comprehensive review of the case file after the retrial is accepted. It is recommended that clients agree on the arrangements for reviewing the case file with their lawyers before initiating the appeal, and string together the three steps of identifying suspicious points, reviewing the case file, and supplementing evidence collection into a process, so that the materials can seamlessly connect with the defense during the retrial from the appeal stage, rather than waiting until the trial to organize them hastily.

Q3: What is the difference between the procuratorate's appeal and the court's retrial?

The initiation mechanism is different from the determination of certainty. The procuratorial organ's appeal against a verdict or ruling is a form of procuratorial supervision: the Supreme People's Procuratorate has the right to appeal to the same-level court against verdicts or rulings that have taken effect in courts at all levels, and higher-level procuratorial organs have the right to appeal to lower-level courts against verdicts or rulings that have taken effect. If any errors are found, the procuratorial organ has the right to initiate a review according to the judicial supervision procedure. The court accepting the appeal shall form a collegial panel to retry the case, and the appeal is mandatory for initiating a retrial. If the court initiates a retrial on its own initiative, the decision will be made according to its authority. If the court president finds that there are indeed errors in the verdict or ruling that has taken effect in the court, he/she shall submit the case to the judicial committee for handling. The higher-level court may also retry the case or order a retrial. For the appellant, urging the procuratorial organ to review the case means having an additional mandatory initiation channel, which is also the reason why many appellants turn to the procuratorial organ after their appeals are rejected by the court. The two paths can be used sequentially but it is not recommended to deploy them simultaneously. First, evaluate which organ's reasoning is more convincing based on the available evidence, and then decide the main direction of effort. Professional judgment directly affects the probability of initiation.

Q4: What standards must new evidence meet in order to trigger a retrial?

There are two core standards: first, it must be new, meaning that it was not discovered or obtained before the conclusion of the original trial and was not provided due to the appellant's own reasons; second, it must be substantive, meaning that new evidence proves that the facts determined in the original judgment or ruling were indeed erroneous and might affect the conviction and sentencing. In practical review, the court will also examine the legality of the evidence. Materials obtained illegally will not be admitted, and supplementary materials unrelated to the key facts of conviction and sentencing will have limited value. Typical examples of qualified new evidence include: appraisal opinions that can overturn the key findings of the original judgment, witness statements and documentary evidence that did not appear in the original trial, and objective evidence pointing to others committing the crime. The collection of new evidence should be designed by lawyers through legal channels, and if necessary, applications for court retrieval should be made. Appeals based solely on subjective suspicions of factual errors do not meet this statutory requirement. It is essential to conduct evidence evaluation before submitting the appeal, otherwise there is a high likelihood of receiving a written rejection.

Q5: Will the execution of the judgment be suspended during the appeal period?

No. According to Article 252 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), filing an appeal does not suspend the execution of the judgment or ruling. During the appeal review period, the original sentence shall be executed as usual, which is a distinctive feature of the trial supervision procedure that differs from the appeal procedure. If the parties meet the relevant conditions, they may separately claim through enforcement relief procedures such as temporary release from custody, and the two procedures can proceed concurrently without conflict. A reminder to the families is that they should not relax the arrangements for their legal rights in the enforcement stage just because the appeal has been submitted, such as the performance of property penalties and the evaluation of their rehabilitation performance, which will affect the possibility of parole or commutation of sentence in the future. It is necessary to manage the appeal relief and enforcement rights separately and have dedicated personnel follow up on them to avoid neglecting one aspect while focusing on another.

Disclaimer: This article is compiled based on current effective laws and regulations and public 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 a dispute arises, please consult a practicing lawyer in a timely manner.