Joint crime, after the first trial, there is a criminal who escapes, after the appeal, how to accept

In criminal proceedings, if the defendant appeals after the judgment of the court of first instance, and a co-defendant flees after the judgment of the first-instance trial, the court of second instance shall still accept the defendant's appeal normally.

After the second-instance trial court accepts the case, the second-instance trial may be temporarily suspended, and during this period, if the defendant in custody completes the sentence of the first-instance judgment, the second-instance trial court may release him on guarantee pending further investigation.

At the same time, if the co-defendant who escaped escaped while on bail pending trial, the court should decide to arrest him and hand him over to the public security organs for arrest; If the detainee escapes, the public security organs should be directly responsible for arresting and bringing them to justice.

Code of Criminal Procedure

Article 78: The arrest of a criminal suspect or defendant must be approved by the people's procuratorate or decided by the people's court, and is to be enforced by the public security organs.

Article 200: In any of the following circumstances during the course of trial, where the case cannot continue for a longer period of time, trial may be suspended:

1) The defendant suffers from a serious illness and is unable to appear in court;

2) The defendant escaped;

3) The private prosecutor suffers from a serious illness and is unable to appear in court, and has not retained a litigant to appear in court;

d) for reasons of irresistibility.

After the reasons for the suspension of the trial disappear, the trial shall be resumed. The period for which the trial is suspended is not included in the trial time limit.

Under normal circumstances, in the second instance, if the legal and factual basis for the lenient sentence also involves the conduct of other accomplices, the court should consider the other people at the same time.

Where only some of the defendants appeal in a case of joint crime, it mainly refers to a person who, after the first-instance judgment is rendered, some of the defendants in the joint crime case are dissatisfied with the first-instance judgment and appeal, while some of the defendants obey the judgment and do not appeal.

Due to the special nature of criminal cases, China's Criminal Procedure Law and judicial interpretations specifically stipulate that the court of second instance shall not be limited by the scope of the appeal or protest in an appellate or protest case, but shall conduct a unified and comprehensive trial of the entire case. Defendants who have not appealed may retain a professional criminal defense lawyer for the second-instance trial to seek a change of judgment for their defense.

Summary. In the case of distinguishing between the principal offender and the accessory, the sentence can generally be imposed only after the principal offender has been brought into custody, and only if the principal offender has escaped for more than one year and is unable to be apprehended, the existing offender can be tried and sentenced. Generally speaking, the punishment given to an accomplice cannot be heavier than that of the principal offender, but if the accomplice has other aggravating circumstances, such as recidivism, or if the principal offender has mitigating or mitigating circumstances, such as confession and surrender, then the criminal law imposed on the accomplice will be heavier than that of the principal offender.

The co-defendant has been convicted of the principal offender, and the fugitive has been caught, is it serious to handle it in a separate case?

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Hello. May I ask if the co-defendant has been convicted of the main culprit, and the fugitive has been arrested and detained, and will it be handled in a separate case, will it be serious and how long will he be detained?

Hello. Why no one.

In the case of distinguishing between the principal offender and the accessory, the sentence can generally be imposed only after the principal offender has been brought into custody, and only if the principal offender has escaped for more than one year and is unable to be apprehended, the existing offender can be tried and sentenced. Generally speaking, the punishment given to an accomplice cannot be heavier than that of the principal offender, but if the accomplice has other aggravating circumstances, such as recidivism, or if the principal offender has mitigating or mitigating circumstances, such as confession and surrender, then the criminal law imposed on the accomplice will be heavier than that of the principal offender.

The main offender in the same case has been convicted and sentenced, and the fugitive has been caught and dealt with in a separate case, and how long will he be detained.

If the fugitive is an accomplice, he or she will be punished less than the principal offender.

How long will they be held and will they be sentenced? Is it serious.

If a crime is suspected, it is definitely necessary to impose a sentence, and the specific sentence should be decided according to the crime committed and the circumstances of the crime.

1. There will be no retrial;

2. If it is discovered that a convict who has already been sentenced has omitted a crime, only the newly discovered crime will be judged, and the facts of the judgment that have already taken effect will not be retried.

3. If it is found that the original judgment has errors in determining the facts or applying the law, the trial supervision procedure shall be initiated and the case shall be retried.

Criminal Law Provisions: Article 70: [Combined Punishment for Omitted Crimes Discovered After the Judgment is Announced] Where, after the judgment is announced, but before the execution of the criminal punishment is completed, it is discovered that the convicted criminal has other crimes that have not been adjudicated before the judgment is announced, a judgment shall be made on the newly discovered crime, and the punishment given in the previous and subsequent judgments shall be decided in accordance with the provisions of article 69 of this Law. The sentence that has already been served shall be counted in the sentence decided in the new judgment.

Criminal Procedure Law Provisions:

Article 243:If the president of any level of people's court discovers that there is a real error in the determination of facts or in the application of law in a judgment or ruling of that court that has already taken legal effect, it must be submitted to the adjudication committee for handling.

The Supreme People's Court has the right to bring to trial or order a lower people's court to retry a judgment or ruling of a people's court at any level that has already taken legal effect, or a higher people's court to a judgment or ruling of a lower people's court that has already taken legal effect, if it discovers that there is a real error.

The Supreme People's Procuratorate has the right to lodge a procuratorial counter-appeal to the people's court at the same level in accordance with the trial supervision procedures if it discovers that there is a real error in a judgment or ruling of a people's court at any level that has already taken legal effect, or a judgment or ruling of a people's court at a lower level that has already taken legal effect.

1: There will be no retrial unless the fugitive confesses to a new crime. It will affect the sentencing of the prison.

2: The original sentence will not be affected, and the public prosecution review will continue in accordance with the procedures for those who have been brought into the case.

1. Generally, no matter how many suspects are involved in a case, they will be prosecuted, tried and sentenced at the same time. However, if one or more of the criminal suspects or defendants are not caught, or escape while on bail pending trial, in order to prevent the case from being delayed for too long, the court may first pronounce a sentence on the defendant who has not escaped. After other criminal suspects or defendants are caught, they are to be tried again.

2. Although it is at the same time, it does not mean that all the defendants will appear in court at the same time, and the court will interrogate each defendant individually after verifying the situation of each defendant.

Coral is adapted from the original book of the same name.