[Direct answer]In the Beijing area, the four basic materials required are: a petition for review (stating the applicant's information, the request for review, and the facts and reasons—the reasons must correspond to the statutory grounds for review one by one); the original judgment documents that have taken effect or the verified copies thereof (both the first-instance and second-instance judgments); the applicant's identity certificate and proof of their relationship with the defendant in the original trial; and a list of the main evidence materials submitted in the original trial. If there is new evidence, attach the original new evidence, a description of its source, and an explanation of the "reasons why it could not be obtained in the original trial"; if the applicant alleges procedural violations, attach relevant evidence clues and a request for obtaining the evidence. The completeness of the materials determines whether the petition will be accepted, and the soundness of the reasons determines whether the review can be initiated.

1. Problem background and typical scenarios

The family brought a stack of complaint materials in the form of letters to the court's filing window, but were told that "the materials were incomplete and needed to be supplemented before they could be submitted again". After supplementing the materials three times, they were still sent back. The formal requirements for a retrial application are not particularly high, but each piece of material has standard requirements — especially the "reason" section of the retrial application, which is not about expressing one's feelings and grievances, but about fitting the facts of the case into the statutory grounds for retrial one by one.

II. Key points of contention

First, the structure and reasoning of the application. Second, the formal requirements and obligation to explain new evidence. Third, the method of providing evidence for claims of procedural violations. Fourth, the path of rectification and escalation after materials are returned.

III. Professional analysis by Henglue Lawyers

The first layer, the framework of the application: the standard structure is divided into five parts—the preface (basic information of the applicant and the respondent, the relationship between the applicant and the original defendant, and the power of attorney); the request (specifying the specific content of the request to revoke or modify the original judgment, such as "requesting a retrial of the case according to the judicial supervision procedure and ruling that the applicant is not guilty"); the facts and reasons (the core part, comparing each item with the reasons for retrial stipulated in the Criminal Procedure Law: new evidence, unreliable or insufficient evidence, errors in the application of the law, procedural violations, and judges' miscarriage of justice, each reason is accompanied by evidence and arguments); the list of evidence (listing the names, sources, and proof purposes of each piece of evidence); and the conclusion (addressed to the receiving authority, the applicant's signature, and the date). The writing guidelines for the reasons section: one argument per reason, not mixed writing; the conclusion should be presented first (stating which reason is established), followed by the evidence. This case is handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the certificate issued by the judicial administrative authority) acts as the agent. Second tier: Standardized submission of new evidence: - Prioritize originals – submit originals of documentary evidence and original physical evidence. If it's truly impossible to submit originals, attach copies with explanations verifying their authenticity. - Mandatory explanation of evidence sources – specify when and through which channels the evidence was obtained, and by whom (preferably with notarization or third-party witnessing). - Obligation to explain why the evidence wasn't presented in the original trial: - Evidence unavailable during the original trial (e.g., technical limitations). - Evidence not discovered during the original trial (e.g., new forensic techniques). - Evidence not obtained by the original court (attach proof of denied requests for evidence collection). - Demonstrate relevance: Explain how the new evidence contradicts key findings in the original judgment, and whether it alone or in combination with other evidence can overturn those findings. Clearly outline the logical chain. Third tier: Evidence supporting procedural violations: - Allegations of coerced confessions or illegal evidence collection: Submit medical examination records, simultaneous audio/video recording requests, and statements from original defense attesting to their presence. - Allegations of denied legal aid: Submit evidence of failed legal aid notifications and records of obstructed meetings. - Allegations of unaddressed recusal or illegal public trials: Compare court transcripts and judgments to highlight procedural discrepancies. Such evidence is often contained in case files and court records, which are difficult for clients to obtain directly. Standard practice is to submit evidence collection requests with the application or request the procuratorate to verify them through their authority. Fourth tier: Supplementation and escalation: - For returned materials, revise and resubmit based on feedback. Maintain written records of the revision process. - For rejected retrial applications, appeal to higher courts or pursue procuratorial review: Submit requests for supervision to the procuratorate at the same level as the original court, requesting appeals or retrial recommendations. The procuratorate's review methods (evidence collection, interrogations, commissioned appraisals) can overcome client-initiated limitations. - Synchronize updates across both tracks, adding new arguments with each escalation to avoid circular arguments.

IV. Practical suggestions and legal basis

The first step is to draft the application for retrial in accordance with the standard structure, with the reasons corresponding to the statutory grounds one by one; the second step is to have the new evidence notarized and fixed, and attach a description of its sources and the term "new"; the third step is to submit an application for evidence collection simultaneously when discovering procedural violations; and the fourth step is to choose an appropriate time to escalate the case to a higher court or procuratorate for supervision after being rejected. The main legal basis is Article 253 and Article 254 of the Criminal Procedure Law of the People's Republic of China, and the provisions on appeal and retrial materials in the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law; the specific application shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

The three sentences of the materials for the retrial are as follows: The application form should list the statutory grounds item by item, and emotional expression cannot replace the demonstration of essential elements; Three explanations of new evidence—the source, where it is new, and how to overturn the original judgment; If the application is returned, it should be corrected and upgraded, and the courts and procuratorates should proceed on two parallel tracks rather than engage in empty formalities. Those involved in the agency of criminal retrial applications can proceed through the following channels:Criminal defense and criminal case filingThe service provides a comprehensive solution, which includes the combination of evidence notarization and appraisalSpecial servicesThe reference for state compensation after the verdict has been changed can be found in the section on plate tectonicsLand expropriation and demolition, and administrative litigationThe column provides consultation on major and difficult casesCriminal defenseTeam.

VI. Frequently Asked Questions

Q1: Is it necessary to have a lawyer draft the appeal materials?

The law does not mandate it, but the reasons and evidence presented in the application for retrial must be professional. Having a lawyer draft the application can significantly reduce the rates of return and rejection.

Q2: Can I still submit the application if I've lost the original document?

You can submit verified copies or notarized copies, and explain where the originals are; it is recommended to have the key evidence notarized for safekeeping.

Q3: Is it possible to submit the application to both the court and the procuratorate at the same time?

The two tracks can run in parallel, and the materials remain consistent. After any authority initiates a review, it shall inform the other authority to avoid duplication of procedures.

Q4: Are there any word count requirements for the application form?

There are no strict requirements, but the key is to be concise and clear—the case should be well-organized with solid arguments and complete evidence indexes. It's better to present the main arguments in a dozen pages than to repeat the same claims over dozens of pages.

Q5: How long will it take to receive a response after submitting the application?

The court generally makes a ruling on the review of the application for retrial within three months, and the review period may be extended for difficult cases; the procuratorate also has a review period for the review, and the parties involved may urge the procuratorate to handle the case if the review exceeds the time limit.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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.