[Direct answer]In the Beijing area, the statutory threshold is set out in Article 253 of the Criminal Procedure Law of the People's Republic of China: there is new evidence to prove that the facts determined in the original judgment or ruling were indeed wrong and might affect the conviction and sentencing; the evidence used to convict and sentence the defendant is not reliable, insufficient, or should be excluded according to law; there are contradictions between the main evidence proving the facts of the case; there are errors in the application of the law in the original judgment or ruling; the violation of the legal procedures may affect the fair trial; and the trial personnel are guilty of bribery, favoritism, and illegal sentencing - meeting any one of these conditions is sufficient to apply for a retrial. Appeals are submitted to the court or the procuratorate, which involves a long and rigorous process and requires professional evaluation first.

1. Problem background and typical scenarios

After the verdict took effect, the parties insisted on their innocence and their families sent appeals letters everywhere, but they got no response—it's not that the court is cold-hearted, but that the legal threshold for retrial is high and the material requirements are strict: the vast majority of appeals without new evidence or procedural flaws are rejected at the stage of case filing review. Appealing is a technical task, not an emotional one.

II. Key points of contention

First, the standard of proof and organization of evidence for the six statutory grounds. Second, the choice of the organ accepting the appeal: the court or the procuratorate. Third, the procedural connection between the appeal, the appeal, and the state compensation. Fourth, the recovery of rights and compensation path after the retrial and the change of the verdict.

III. Professional analysis by Henglue Lawyers

The first layer is the list of issues, which is also the list of evidence: The key to the appeal of new evidence lies in the three characteristics of the evidence - authenticity, legality, and relevance, and the evidence must reach a level that may affect the conviction and sentencing. The evidence-based appeal must be compared with the standards of sufficiency and the rules of excluding illegal evidence item by item. The procedural-based appeal must focus on identifying potential hard flaws that may affect a fair trial (such as failure to recuse when necessary or depriving the right to debate). The appeal based on unjust adjudication must be supported by effective materials identifying disciplinary violations and illegal acts - each type of appeal requires different evidentiary materials, and appeals based on emotional complaints are almost doomed to fail. The second layer is the strategy chosen by the authorities: Appeals are generally submitted to the court that issued the effective judgment, but they can also be submitted to the same-level or higher procuratorates. After review by the procuratorate, appeals or review proposals can be submitted in accordance with the judicial supervision procedures. For cases where appeals are submitted concurrently on two tracks, it is important to ensure consistency in the materials. For cases where appeals are continued after being rejected, they should be escalated to higher courts and the Supreme Judicial Authority in a step-by-step manner, and it is strictly prohibited to resubmit the same materials repeatedly. The third layer is a two-way evaluation of procedures and outcomes: The initiation of a retrial is difficult and time-consuming, often taking several years. It is necessary to simultaneously evaluate the execution issues during the appeal period - the execution of the original judgment should not be suspended during the appeal, and good behavior during the serving of the sentence should not affect the appeal. If the retrial results in an acquittal, the victim's family can claim compensation for personal liberty and mental distress according to the State Compensation Law, and other rights losses during the serving of the sentence should also be reviewed. Taking a major criminal case handled by our firm as a reference: In a case involving a car-ramming incident that resulted in death, Attorney Liu Liqiang of Beijing Henglu Law Firm represented the victim's family in participating in the criminal incidental civil litigation. By comprehensively reviewing the case file, he refuted the defendant's defense arguments regarding subjective intent, voluntary surrender, and the determination of the crime. The court sentenced the defendant to death for intentional homicide and supported the request for incidental civil compensation. 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. The case demonstrates the professional depth of evidence review in criminal cases — and this depth is also the core competitiveness of the materials for retrial appeals: every flaw in the facts and procedures must be dug out with solid case file skills. Fourthly, a pragmatic psychological expectation: maintain standard communication with the case-handling authorities during the appeal period and not adopt excessive methods; for major and difficult appeals, it is recommended to entrust professional criminal lawyers to review the case files comprehensively and evaluate them, and invest limited resources in matters that are truly supported by evidence.

IV. Practical Suggestions and Legal Basis

The first step is to entrust a lawyer to review the case file in detail and compare the provability of the six types of statutory grounds one by one; the second step is to organize the appeal materials by type of ground and ensure the legality of the sources of new evidence and the process of evidence collection; the third step is to submit the materials to the court and the procuratorate simultaneously and track the progress of the review; the fourth step is to simultaneously evaluate the path of state compensation and rights restoration. The main legal basis: Articles 252 to 258 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) and relevant provisions of the State Compensation Law of the People's Republic of China (amended in 2012); the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

Three key points of the appeal for retrial: The six categories of grounds are the threshold, and the new evidence and procedural defects are the most powerful; the courts and procuratorates handle the appeal in two parallel tracks, and the quality of the materials determines whether the appeal will be accepted; the appeal does not stop the execution, and the state compensation will follow after the judgment is changed. Those involved in criminal retrial and appeals can go through the following channels:Criminal defense and criminal case filingThe service receives professional support and involves references for national compensation applications.Land expropriation and demolition, and administrative litigation\nLegal procedures (including state compensation procedures), consultation on difficult casesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Is there a limit to the number of appeals I can make?

After the court rejects the same case, it will generally not accept any new facts, evidence, or reasons; however, if there are new materials or new circumstances, the party concerned may continue to appeal to a higher authority.

Q2: What does the new evidence include?

The evidence that was not collected or presented in the original trial, or the evidence that could not be obtained at that time but is now available, including new physical evidence, appraisal opinions, and witness statements, must be able to affect the conviction and sentencing.

Q3: Do I have to serve my sentence during the appeal period?

Yes. An appeal does not stop the execution of the original judgment. Good behavior during imprisonment does not affect the appeal, and it may preserve records for subsequent leniency or commutation of sentence.

Q4: Is it guaranteed that the procuratorate's appeal will definitely lead to a retrial?

The people's procuratorate's appeal filed in accordance with the judicial supervision procedure shall be reviewed by the court in a collegial panel, and the probability of the court initiating a retrial is significantly higher than that of individual appeals.

Q5: How much compensation can I receive after being acquitted in a retrial?

Calculate the compensation for personal freedom based on the number of days in custody, and claim compensation for mental distress, the specific amount of which shall be determined in accordance with the standards of the State Compensation Law and the average daily wage of workers in the previous year.

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·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the 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 you encounter disputes, please consult a practicing lawyer in time.