Frequently Asked Questions

15 2026-10

How to proceed with the appeal process for a criminal retrial?

You can appeal to the court that issued the effective judgment or its superior court, or apply for supervision by the procuratorial organ. It is necessary to meet the statutory conditions, and the process includes submitting materials, reviewing, and deciding whether to retry the case.

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15 2026-10

What are the strategies for professional criminal defense?

Common strategies include factual defense, qualitative defense, sentencing defense, and procedural defense. These strategies need to be applied in combination with the different stages of the case and the available evidence. Early intervention is essential to gain the upper hand in the negotiation process.

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15 2026-10

What is the core of professional criminal defense?

The key lies in the accurate review of facts and evidence, the timely exercise of procedural rights, and the two-pronged defense in conviction and sentencing. The earlier the intervention, the more room for negotiation there will be.

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15 2026-10

What is the difference between a death penalty review and a retrial?

The review of death penalty cases is a mandatory approval procedure after the judgment of death penalty cases takes effect, which is approved by the Supreme People's Court; the retrial is a procedure for correcting errors in effective judgments. The two procedures are different in terms of stages and nature.

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15 2026-10

Can a stillborn fetus be included in the inheritance?

When dividing the inheritance, a share of the inheritance should be reserved for the fetus; if the fetus is stillborn at the time of delivery, the reserved share shall be handled in accordance with the statutory inheritance law and shall not belong to the fetus.

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15 2026-10

Can the nephews and nieces of the heir inherit the estate?

The nephews and nieces can inherit in lieu of their parents (if their parents die before the decedent), or acquire the inheritance through a bequest. If the above conditions are not met, they do not have a direct right of inheritance. However, if they provide more support to the decedent, they may receive a share of the inheritance as appropriate.

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15 2026-10

What is the difference between subrogated succession and transferred succession?

Subrogated succession refers to the situation where the children of the decedent are predeceased by the decedent and are succeeded by their younger direct blood relatives; transfer succession refers to the situation where the heir dies before the inheritance is divided after the inheritance begins, and the share of the inheritance is transferred to his/her heirs to be inherited by them.

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