Dissatisfied with the first instance judgment of the county court, whether to appeal or apply for a

If you are dissatisfied with the first-instance judgment of the court under the county, you will be appealed during the appeal period, and if you are not satisfied with the first-instance judgment of the county court, you will be appealed after the appeal period.

Article 216 of the Criminal Procedure Law stipulates that defendants, private prosecutors, and their legally-designated persons who are dissatisfied with the first-instance judgment or ruling of a local people's court at any level have the right to appeal to the people's court at the next higher level in writing or orally. The defendant's defender and close relatives may file an appeal with the defendant's consent.

Article 241 of the Criminal Procedure Law stipulates that a party and its legally-designated persons and close relatives may submit an appeal to the people's court or people's procuratorate against a judgment or ruling that has already taken legal effect, but the enforcement of the judgment or ruling cannot be stopped.

You can appeal against a judgment of first instance that has not yet entered into force. If the appeal period has expired and the judgment has already taken effect, you can only apply for a retrial. There is no need to pay for the retrial.

1. If the judgment has taken effect, then you have to apply for a retrial.

If the judgment does not enter into force, then an appeal is filed.

If you are not satisfied with the judgment made after the appeal (i.e., the final judgment), you may also apply for a retrial.

2. After the appeal, the case is remanded for retrial, and if the appeal is paid, the retrial does not need to pay the money, and the litigation fee can be refunded.

If you are dissatisfied with the first-instance judgment of the basic court, you will appeal rather than apply for a retrial, and after the appeal is paid, it is not necessary to remand for a new trial.

The first instance is called an indictment, and the second instance is called an appeal.

If the first instance is completed and the judgment or ruling has not yet taken effect, an appeal is made to the people's court at the level above within the time limit for appeal. If the judgment or entry into force, the trial supervision procedure (also known as a retrial) is initiated.

A retrial means that the higher court requests the court of first instance to retry the case, and the judgment or ruling of the first instance does not take effect. (To put it bluntly, the original judgment or ruling is annulled and remanded for a new trial, without charge).

If the lawsuit is withdrawn, the fee will be halved.

Failure to accept the first-instance judgment is an appeal, not a retrial.

Only for a judgment that has already taken effect is called an application for a retrial.

Article 164 of the Civil Procedure Law: Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served.

Article 199:Where parties find that a judgment or ruling that has already taken legal effect is in error, they may apply to the people's court at the level above for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original people's court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

Legal analysis: Whether a dissatisfaction with the first instance is a retrial or an appeal shall be determined on the basis of the actual situation. After the first-instance people's court makes a judgment, if the parties are not satisfied, they have the right to file an appeal within the appeal period, requesting that the people's court conduct a further trial of the civil case; Where the appeal period has expired and the judgment takes legal effect, the parties may not file an appeal, but can only go to the people's court to apply for a retrial, and where the legally-prescribed circumstances are met, the people's court shall retry the civil case.

Legal basis: Article 164 of the Civil Procedure Law of the People's Republic of China Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days from the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

Article 199:Where parties find that there is an error in a judgment or ruling that has already taken effect, they may apply to the people's court at the level above for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original people's court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

Summary. According to article 31 of the Supreme People's Court's "Several Opinions on Accepting and Reviewing Civil Applications for Retrial", "After an application for retrial is ruled to be rejected, where the person applying for retrial applies for retrial again on the same grounds, it is not to be handled as an application for retrial case review." If the person applying for retrial is dissatisfied with the ruling rejecting his or her application for retrial and applies for a retrial to the court at the level above the court that made the rejection ruling, it will not be handled as an application for retrial case", and after your application for retrial is rejected by the Provincial High Court, you will not be able to continue to apply for retrial.

Hello, the lawyer is at your service.

According to Article 31 of the Supreme People's Court's "Several Opinions on Accepting and Reviewing Civil Applications for Retrial", "After the application for retrial is ruled to be rejected, if the person applying for retrial applies for retrial again on the same grounds, it will not be handled as an application for retrial of the case of Xu Wang. If the person applying for retrial is dissatisfied with the ruling rejecting his or her application for retrial, and applies for a retrial to the court at the level above the court that made the rejection ruling, it will not be handled as an application for retrial case", after your application for retrial is rejected by the Provincial High Court, you will not be able to continue to apply for retrial.

Can the Provincial High Court still apply for a retrial or appeal if it is not satisfied with the retrial judgment?

No, you can't. Can I apply to the Supreme People's Court?

You can apply for a different reason.

Thank you. You are welcome.