Whether there is a hearing procedure for the application for a criminal retrial

The law does not provide for this procedure, which is an internal administrative regulation of the courts, and is a document provision and not a law.

In addition, not every case necessarily has to go through a hearing process, and only if the court deems it necessary, a hearing will be initiated.

Generally through the hearing, we can give a clear statement of the case, which is the result we expect.

But there are also disagrees, I met a criminal case party and heard a strange voice: the court was supposed to hold a hearing for his case, but he refused, he thought that the hearing was a means for the court to cut off the complainant's continued appeal, the hearing generally will not have a substantive solution to the case, it is all the people the court is looking for, not to the complainant, and if the hearing believes that it should not be retried, the complainant's appeal road will be more difficult, so he does not agree to the hearing and only asks for a retrial, which is another voice.

Not yet. The court will review and decide in accordance with the law. Good luck can be contacted further.

1. The hearing shall be attended by both parties to the case and relevant personnel, and both parties shall enjoy the same rights in the hearing activities. Both parties have the burden of proof for their own claims. They have the right to cross-examine the evidence provided by the other party.

2. Hearings shall be conducted in public, except in cases where the law provides that the trial is not in public.

3. Hearings may be presided over by one adjudicator, or two or more adjudicators may participate, and one clerk may serve as a record.

4. Hearings shall be conducted around the facts and reasons for the retrial application, and when necessary, a hearing may be conducted on the entire case.

5. Lawyers retained by the parties are allowed to participate in the hearings.

6. During the hearing activities, if the respondent requests counter-evidence to the applicant's application, the adjudicator shall order the respondent to provide the court with relevant counter-evidence materials within a time limit, and may decide on the date of the re-hearing according to the circumstances.

Generally speaking, a hearing process is required.

Legal Analysis: No, the people's court's decision on a retrial should be submitted to the adjudication committee for discussion and decision, not a hearing.

Legal basis: Article 198 of the "Civil Procedure Law of the People's Republic of China" Where the presidents of all levels of people's court discover that there is a real error in that court's judgment, ruling, or mediation document that has already taken legal effect, and finds that a retrial is necessary, they shall submit it to the adjudication committee for discussion and decision. The Supreme People's Court has the right to bring to trial or order a lower people's court to retry a judgment, ruling, or mediation document of a local people's court at any level that has already taken legal effect, or a higher people's court to a lower people's court's judgment, ruling, or mediation document that has already taken legal effect.

After the hearing, the procedure for the retrial of the case by the High Court is generally as follows:

Issuance of ruling: Based on the circumstances of the hearing, the High Court issues a retrial ruling to clarify whether to retry and the scope of the retrial.

**To the court of first instance: After the ruling on the retrial takes effect, the High Court will transfer the case file to the court of first instance.

Trial Court Formation Team: The trial court will form a trial team to rehear the case.

Acceptance of appeal materials: The original trial court shall accept the appeal materials provided by the original appellant and conduct appropriate investigation and verification.

Trial: The trial team hears the case in accordance with the instructions of the retrial ruling. During this time, there may be steps such as an on-site inspection, witness hearings, and the presentation of evidence.

Trial: At the end of the trial, the trial team will make a new trial result and issue a verdict based on the facts and the law.

Legal analysis: The procedure after the hearing of the civil retrial application generally has two minds: first, the case is indeed wrong, and the retrial is ruled; Second, there was no problem with the case, and the ruling rejected the applicant's application for retrial.

Legal basis: Article 204 of the Civil Procedure Law of the People's Republic of China: The people's court shall review the application for retrial within three months from the date of receipt of the application for retrial, and where it meets the requirements of this Law, it is ruled that the retrial meets the requirements of this Law, and it is to rule to reject the application. Where there are special circumstances that require an extension, it is to be approved by the president of that court.

Legal analysis: 1) There is new evidence sufficient to overturn the original judgment or ruling; (2) The basic facts ascertained in the original judgment or ruling lack evidence to prove them; (3) The primary evidence for the facts ascertained in the original judgment or ruling was fabricated; (4) The original judgment or ruling was truly erroneous in the application of law.

Legal basis: Supreme People's Court's "Opinions on Accepting and Reviewing Civil Applications for Retrial" Article 18: People's courts may organize parties to conduct hearings in cases applying for retrial on the following grounds: (1) there is new evidence sufficient to overturn the original judgment or ruling; (2) The basic facts ascertained in the original judgment or ruling lack evidence to prove them; (3) The primary evidence for the facts ascertained in the original judgment or ruling was forged in Pihu Prefecture; (4) The original judgment or ruling was truly wrong in the application of law.

Legal Analysis: (1) There is new evidence sufficient to overturn the original filial piety judgment or ruling; (2) The basic facts ascertained in the original judgment or ruling lack evidence to prove them; (3) The primary evidence for the facts ascertained in the original judgment or ruling was fabricated; (4) The original judgment or ruling was truly erroneous in the application of law.

Legal basis: Fan Shen covers the Supreme People's Court's "Several Opinions on Accepting and Reviewing Civil Applications for Retrial" Article 18: People's courts may organize parties to conduct hearings in cases where applications for retrial are based on the following reasons: (1) there is new evidence sufficient to overturn the original judgment or ruling; (2) The basic facts ascertained in the original judgment or ruling lack evidence to prove them; (3) The primary evidence for the facts ascertained in the original judgment or ruling was fabricated; (4) The original judgment or ruling was truly erroneous in the application of law.