[Direct answer]In the Beijing area, criminal retrial requires the parties and their legal representatives or close relatives to apply to the court or the procuratorate, or it can be initiated by the court or the procuratorate on its own authority. According to Articles 253 and 254 of the Criminal Procedure Law of the People's Republic of China, if the judgments or rulings that have taken effect are found to have untrue evidence for conviction and sentencing, or there are errors in the application of the law, or the judges are guilty of corruption and perversion of justice, the parties can appeal and apply for retrial. The application should submit the application for retrial, the original trial judgments and rulings, and new evidence, etc. Generally, the application should be submitted to the original court or the higher-level court. It is recommended to entrust a lawyer to review the case files and summarize the grounds for retrial as soon as possible. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

I. Problem Background and Typical Scenarios

Applications for criminal retrial are often initiated when the parties are serving their sentences or after their release from prison, and they discover errors in the original judgment. Typical scenarios include: the key evidence on which the original judgment was based was forged or later overturned; new evidence or new witnesses emerge that are sufficient to overturn the original findings; the original trial applied the law in an obviously erroneous manner and confused similar crimes; and the trial personnel engaged in acts of corruption, bribery, or miscarriage of justice when handling the case. Many parties equate "appeal" with "retrial", thereby missing the statutory application path. For cases involving the enforcement of accompanying civil compensation orders in the original judgment, relevant provisions can be referenced accordingly.Creditor-debtor relations and enforcement case servicesCoordinate and handle it comprehensively.

II. Key points of contention

There are three focal points of the dispute in the application for retrial. Firstly, whether the grounds for retrial are established: whether the evidence is untrue or insufficient, or whether there are indeed errors in the application of the law. This requires specific evidence rather than general appeals for injustice. Secondly, the identification of new evidence: the new evidence must be sufficient to overturn the original judgment or ruling and the facts determined by it, and it must not have been submitted in the original trial due to the parties' own reasons. Thirdly, jurisdiction and procedures: generally, the application is submitted to the original court or the court of the next higher level, or the procuratorate of the same level. The court may initiate the retrial on its own authority or upon the appeal of the procuratorate. For disputes involving the determination of corporate crimes, reference may be made to the relevant provisions.Business and contract dispute services for enterprisesClarify the facts.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling major criminal cases, the dividing line of retrial and reversal lies in "whether fundamental errors can be found in the original trial case files". Taking a criminal case of intentional homicide with accompanying civil litigation handled by Attorney Liu Liqiang of our firm as an example: After accepting the case, the attorney reviewed all the case files and refuted the defendant's defenses one by one regarding subjective intent, voluntary surrender, the victim's fault, and the classification of the crime as endangering public safety. He focused on details such as the verbal exchanges before the collision, accelerating without avoiding, and lying to the police about brake failure, arguing that the defendant should be convicted of intentional homicide and given a heavier punishment. The court ultimately accepted the attorney's opinion and sentenced the defendant to death. Although this was a first-instance case, it confirmed the decisive role of thorough review of case files and accurate classification in determining the outcome. In retrial, it is even more necessary to have the ability to dissect and analyze the evidence and classification of the original trial. This case was handled by Beijing Henglu Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The legal basis is Article 252 (subjects of appeal), Article 253 (legal grounds for parties to apply for retrial), Article 254 (subjects initiating retrial by courts and procuratorates), and Article 256 (procedures applicable to retrial) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). Practical suggestions: First, review all the trial files and courtroom transcripts of the original trial and compare the reasoning of the judgment item by item; draft the application for retrial based on the legal grounds, attaching new evidence and a description of the sources; submit it to the court or procuratorate with jurisdiction, and, if necessary, apply for the procuratorate to file a protest against the judgment; and focus on arguing against procedural violations and evidence fabrication. For cases involving miscarriages of justice and seeking accountability, assistance can be sought from relevant institutions or organizations.Special services and other case-related servicesDevelop a plan.

5. Henglue Law Firm's Reminder

A retrial is not about " retrying the case if you're not satisfied with the verdict". It must meet statutory grounds and provide evidence. The first step is to entrust a lawyer to review the case file comprehensively and identify specific errors in the evidence or legal application of the original judgment; the second step is to collect new evidence and determine whether it is sufficient to overturn the original findings of fact; the third step is to draft a retrial application and avoid making vague statements; the fourth step is to submit it to the correct authority and track the review progress. Never believe in the promise of "operating through connections". Retrial relief is based on facts and laws. If you need a professional evaluation, you can contactCriminal defense and legal services for criminal case filingThe docking team.

VI. Frequently Asked Questions

Q1: Is a criminal retrial application guaranteed to initiate a retrial, and what are the chances of success?

Applicating for a retrial does not necessarily mean that a retrial will be granted. The court and the procuratorate will review the grounds for a retrial, and only if they meet the statutory circumstances listed in Article 253 of the Criminal Procedure Law (such as the conviction evidence being untrue, the application of the law being erroneous, or the trial personnel being corrupt and unjust) may they decide to grant a retrial. The chances of success depend on whether one can point out specific and verifiable errors in the original judgment and provide supporting materials, rather than simply expressing dissatisfaction. Lawyers usually conduct a feasibility assessment of the retrial first, confirm that there is evidence, and then initiate the process to avoid unnecessary procedural delays.

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

The core materials include: a petition for retrial (specifying the applicant, the case number of the original trial, the reasons for the application and the factual grounds), the original judgment, the ruling and the certificate of effectiveness, identity certificates and power of attorney procedures, as well as the new evidence to be submitted and an explanation of its sources and why it could not be presented in the original trial. The materials should be organized around the "untruthful evidence in the original judgment or errors in the application of the law", and the new evidence must be sufficient to affect the conviction and sentencing. If the case file is missing, lawyers can apply to review the transcripts of the original trial and the deliberation records of the collegial panel, so as to strengthen the grounds for retrial.

Q3: How much do lawyers' fees and litigation costs amount to when hiring a lawyer to handle a criminal retrial?

Generally, there is no need to pay case acceptance fees for retrial cases; attorney fees are charged on a per-case basis or in stages, depending on the complexity of the case, the workload, and the amount in dispute. The specific fees are subject to the contractual agreement and there is no uniform standard. Since retrial involves personal freedom or major property interests, it is recommended to consult a lawyer to assess the possibility of reversing the judgment and weigh the costs against the potential benefits before entrusting them with the case. For judgments with obvious lack of grounds for retrial, it is necessary to make rational choices and avoid blind investment. Moreover, risk-based attorney fees are prohibited in criminal litigation according to law.

Q4: How long does it usually take to get a result for a criminal retrial application?

After receiving the application for retrial, the court will review whether to initiate a retrial within the statutory time limit. If the application meets the requirements, the court will decide to initiate a retrial and form a collegial panel to hear the case. The hearing period will refer to the original trial procedure, with the ordinary procedure generally lasting six months and the complex cases allowed to be extended. In practice, it often takes several months from the application to the decision on retrial, and there will be another period after the retrial hearing begins. It is recommended to submit new evidence and clear reasons simultaneously when applying for retrial to improve the review efficiency and avoid delaying the progress due to vague materials.

Q5: I think the original judgment was wrong. What should I do specifically to apply for a retrial in the first step?

There are four steps to follow: First, entrust a lawyer to review all the case files of the original trial and compare the reasoning of the judgment article by article to identify specific errors; Second, collect new evidence or point out the flaws of the evidence in the original trial to form a list of grounds for retrial; Third, draft a retrial application, stating the case number, statutory grounds and factual reasons, and attach the original trial documents and new evidence; Fourth, submit the application to the court with jurisdiction or the procuratorate at the same level, applying for retrial or appealing against the judgment, and track the progress of the review. Throughout the process, the application should be supported by facts and laws, and when necessary, apply for a lawyer's intervention to increase the success rate of relief.

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

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·Beijing Henglue 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.