[Direct answer]In the Beijing area, according to public judicial statistics, the proportion of criminal appeals that enter the retrial process and result in a change in the verdict is indeed low, so many people feel that the "success rate is not high". However, the main reason for the low proportion is that the vast majority of appeals do not fall within the statutory circumstances for retrial, rather than the system not providing opportunities. According to the provisions of the Criminal Procedure Law of the People's Republic of China (adopted on July 1, 1979 and amended for the third time on October 26, 2018) on the trial supervision procedure, parties and their legal representatives or close relatives may file appeals with the people's courts or the people's procuratorates against judgments and rulings that have taken legal effect. If the circumstances meet any of the following: "new evidence proves that the facts determined in the original judgment or ruling are indeed erroneous, which may affect the conviction and sentencing"; "the evidence used to convict and sentence is untrue or insufficient, or there are contradictions between the main evidence proving the facts of the case"; "the original judgment or ruling applies the law erroneously"; "the litigation procedures violate the law and may affect a fair trial"; "the trial personnel involved in the case have engaged in acts of corruption, favoritism, or judicial misconduct", the people's courts shall retry the case. The execution of the judgments and rulings shall not be suspended during the appeal period. According to the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China (Legal Interpretation [2021] No. 1, implemented on March 1, 2021), appeals to the people's courts generally should be filed within two years after the completion of the execution of the sentence. However, this restriction does not apply to cases meeting the statutory circumstances. 北京地区公开的司法统计数据显示，刑事申诉进入再审程序并改判的比例确实偏低，因此很多人感觉“成功率不高”；但比例低的主要原因是绝大多数申诉不符合法定再审情形，而不是制度上不给机会。根据《中华人民共和国刑事诉讼法》（1979年7月1日通过，2018年10月26日第三次修正）关于审判监督程序的规定，当事人及其法定代理人、近亲属对已经发生法律效力的判决、裁定，可以向人民法院或者人民检察院提出申诉；符合“有新的证据证明原判决、裁定认定的事实确有错误，可能影响定罪量刑”、“据以定罪量刑的证据不确实、不充分，或者证明案件事实的主要证据之间存在矛盾”、“原判决、裁定适用法律确有错误”、“违反法律规定的诉讼程序，可能影响公正审判”、“审判人员在审理该案件时有贪污受贿、徇私舞弊、枉法裁判行为”等情形的，人民法院应当重新审判。申诉期间，不停止判决、裁定的执行。根据《最高人民法院关于适用〈中华人民共和国刑事诉讼法〉的解释》（2021年3月1日施行），向人民法院申诉一般应当在刑罚执行完毕后两年内提出，符合法定情形的可以不受该限制。

1. Problem background and typical scenarios

There are several common scenarios of criminal appeals: the party concerned has already served his sentence or is currently serving his sentence, and his family has insisted for many years that the facts of the original judgment are wrong; after the first-instance judgment, no appeal was filed and the judgment has taken effect, but it was later found that there are problems with key evidence; the statements of the co-defendants after their arrest are inconsistent with the facts determined by the effective judgment; the core evidence on which the original judgment was based was later proven to have questionable sources. There are also parties who simply feel that the "sentence is too severe" and hope to have their punishment reduced in the retrial. Such demands do not necessarily correspond to the statutory circumstances of retrial, and are often one of the main reasons for the rejection of appeals. In addition to appealing to the people's court, applying to the people's procuratorate for supervision and having the procuratorial organ propose a retrial supervision suggestion or file a protest are parallel paths.

II. Key points of contention

First, whether the grounds for appeal can fall under statutory circumstances. The review of a retrial is not a third trial, but an examination of whether the original judgment contains statutory errors. Translating "not satisfied" into "statutory circumstances" is the core task of the appeal document. Second, the standard for recognizing new evidence. Evidence presented at the appeal stage often needs to explain why it could not be submitted before the conclusion of the original trial and whether it is sufficient to affect the conviction and sentencing. Simply repeating the evidence already available in the original trial is unlikely to be accepted. Third, the difficulty of proving procedural violations. Violations of statutory litigation procedures must reach the level of "possibly affecting a fair trial". Simply pointing out procedural flaws is usually insufficient. Fourth, sentencing bias and errors in applying the law are not the same concept. Sentencing falls within the court's discretionary authority, and unless there are obvious violations, it is generally difficult to become a reason for a retrial. Fifth, the relationship between appeal and retrial. An appeal does not necessarily trigger a retrial; only those that meet the conditions will enter the re-trial process. Except for cases where the people's procuratorate files a protest, cases re-tried in accordance with the judicial supervision procedure generally cannot increase the original defendant's sentence.

III. Professional analysis by Henglue Law Firm

The technical difficulty of appeals and retrials lies in the re-examination of the original trial's evidence system and legal application, which is completely consistent with the underlying work in first-instance and second-instance defense. A case handled by our firm illustrates this point: On June 16, 2024, a car-ramming incident occurred at the laboratory of a mixing station. The defendant was accused of accelerating his car to ram into the laboratory, resulting in the death of Zhao Gang on the spot and injuries to Zhang Bin and Li Yuanzheng. The victim's wife entrusted our firm to represent her in the criminal incidental civil action. After accepting the case, the attorney thoroughly reviewed the physical evidence, documentary evidence, witness statements, the defendant's confessions, appraisal opinions, on-site inspection records, and audiovisual materials, and responded to three key issues one by one: First, the defendant's subjective intent. Before the collision, the defendant explicitly expressed his intention, accelerated despite being less than five meters away from the entrance, and failed to take evasive action, which sufficiently proved his intent to kill; Second, whether the defendant's surrender was valid. He lied about the brake failure when calling the police and gave inconsistent statements, failing to truthfully confess the main criminal facts, which did not constitute a voluntary surrender according to the law; Third, the nature of the crime. The defendant's target of the crime was specific, and his actions should be defined as intentional homicide rather than endangering public safety by dangerous methods. The court ultimately adopted the attorney's opinion, determined that the defendant committed intentional homicide and sentenced him accordingly, and supported the victim's family's compensation request in the incidental civil part. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe lawyer (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that what the prosecution and the defense are really competing for is whether the evidence can form a closed loop and whether the application of the law is accurate. The focus of the review of the retrial is also on this point. It is necessary to point out the hard flaws in the original judgment in terms of fact determination, evidence acceptance, or the application of the law, rather than simply repeating the opinions already put forward in the original trial.

IV. Practical suggestions and legal basis

To enhance the effectiveness of appeals, it is recommended to proceed in the following order: First, gather all case files, including the judgments and rulings of the first and second instances, trial transcripts, and main evidence materials. Compare each page of the evidence cited in the effective judgment with the evidence in the case to verify their consistency; Second, establish a list of appeal grounds based on statutory circumstances, corresponding to each piece of evidence to avoid generalized arguments; Third, fix the sources and acquisition processes of new evidence and explain their relevance to the conviction and sentencing; Fourth, the appeal letter should focus on the errors of the original judgment, stating the appellant's information, the original judgment number, specific requests, and factual grounds; Fifth, pay attention to the appeal deadline. Generally, appeals to the people's court should be filed within two years after the completion of the sentence. Those with statutory circumstances may not be subject to this restriction; Sixth, simultaneously consider applying for supervision to the people's procuratorate, and the procuratorial organ will review the case and propose supervisory recommendations for retrial or lodge a protest. Regarding legal basis, in addition to the provisions of the Criminal Procedure Law of the People's Republic of China (adopted on July 1, 1979 and amended for the third time on October 26, 2018) on trial supervision procedures, the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" (Law Interpretation [2021] No. 1, implemented on March 1, 2021) provides detailed regulations on the acceptance, review, and retrial procedures of appeals. The specific application shall be subject to the currently effective laws, regulations, and judicial interpretations.

5. Henglu Law Firm's Reminder

An appeal is not about "reiterating one's grievances", but about using evidence and legal provisions to convince the reviewers that the original judgment was indeed flawed. Three points need to be reminded: First, anticipate the time cost in advance. The review of an appeal often takes several months, and after entering the retrial procedure, a full trial cycle must be completed; Second, do not give up on ongoing legal rights such as sentence reduction and parole because of an appeal, nor commit acts that violate supervision regulations during the appeal period; Third, pay attention to the relationship between an appeal and its execution. Generally, an appeal does not stop the execution of the judgment. For cases involving a complex evidence system in the original trial and the need for re-examination, it is recommended to first conduct a feasibility assessment before deciding whether to initiate an appeal, so as to avoid wasting opportunities through repeated appeals. Comparing the original judgment document, court trial transcripts, and evidence in the case is the basis for judging the possibility of a retrial, and when necessary, it can be combined with other evidence.Criminal defense and criminal case filingMy experience in marking exam papers andSpecialised legal servicesFormulate a complete plan, and the specific path can be discussed withBeijing Henglue Law FirmIt was confirmed after communication.

VI. Frequently Asked Questions

Q1: What are the chances of a criminal retrial resulting in a different verdict?

There is no unified success rate, and the key lies in whether the case falls into the statutory circumstances for retrial. If there is new evidence that was not admitted before the conclusion of the original trial and was obtained afterwards, or if it can prove that there are fundamental contradictions between the main evidence, serious violations of the litigation procedures, or errors in the application of the law, the possibility of entering retrial and obtaining a change in the judgment is relatively higher; if the defendant only claims that the sentencing is too severe or repeats the arguments made in the original trial, it is usually difficult to initiate the retrial procedure.

Q2: What materials are needed to prepare for an appeal?

The appeal letter, the appellant's identity and proof of kinship, the judgments and rulings of the first and second instance, and the materials for the execution of the sentence; if claiming new evidence, the appellant shall submit the original or a copy of the evidence and explain the source and the process of obtaining it; in addition, the appellant shall also prepare copies of key case files such as the transcripts of the original trial and the appraisal opinions, as well as written clues that can prove the illegality of the original trial procedures.

Q3: What is the approximate cost of appealing for a retrial?

During the appeal stage, lawyers are generally charged on a per-case basis, with the fees depending on the volume of the case file, whether a re-examination is necessary, and whether the case has entered the retrial process. Filing an appeal with the People's Court does not require the advance payment of litigation fees. Once the case enters the retrial process, it will be handled in accordance with the corresponding trial procedures. The specific standards shall be subject to the entrustment contract, and it is recommended to clarify the scope of services and the key stages when entrusting the lawyer.

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

The appeal review stage usually takes several months. If the people's court decides to retry the case after review, the retrial case will be tried in accordance with the original trial procedures. The first-instance procedure generally takes several months, and the second-instance procedure generally takes two months. Cases involving appraisal and supplementary evidence will be extended accordingly. The overall cycle is quite long, so it is recommended to make a good time arrangement in advance and communicate with your family to avoid affecting the quality of the appeal materials due to impatience for success.

Q5: If I want to apply for a retrial, what should I do first?

The first step is to align the effective judgment documents, the trial transcripts of the original trial, and the main evidence in the case, and compare them item by item to determine whether there are any errors in the evidence identification, legal application, or litigation procedures that can be claimed in the original judgment; on this basis, decide whether to appeal to the people's court or apply for supervision to the people's procuratorate at the same time. It is crucial not to submit emotional appeal materials before verifying the case files.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 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 provided 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 the event of a dispute, please consult a practicing lawyer in a timely manner.