Can the money be transferred away during the retrial?

Whether the money can be transferred away depends on whether the court has formally accepted the retrial.

In accordance with the provisions of law, where a party applies to the court for a retrial, the enforcement of the judgment or ruling is not stopped; Under normal circumstances, only after the court formally rules for a retrial, the court will at the same time specify in the retrial ruling that the enforcement of the original judgment, ruling, or mediation document will be suspended.

Therefore, if only the parties apply to the court for a retrial, and the court does not rule on the retrial, it can still be enforced normally, and of course, the deposit of the person subject to enforcement can also be deducted; If the court has already ruled on a retrial and requests that the enforcement be suspended, the enforcement must be suspended and no further deduction can be made.

Code of Civil Procedure

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.

Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China.

Article 395:Where the grounds for retrial asserted by the parties are sustained, and the requirements for applying for retrial as provided for in the Civil Procedure Law and this Interpretation are met, the people's court shall rule for a retrial.

Where the grounds for retrial asserted by the parties are not sustained, or where the parties' application for retrial exceeds the legally-prescribed time limit for applying for retrial, exceeds the scope of the legally-prescribed grounds for retrial, and so forth, does not meet the requirements for applying for retrial as provided for in the Civil Procedure Law and this Interpretation, the people's court shall rule to reject the application for retrial.

Article 396:Where a people's court decides to retry a judgment, ruling, or mediation document that has already taken legal effect, and it is necessary to suspend enforcement in accordance with article 206 of the Civil Procedure Law, it shall indicate in the retrial ruling that the enforcement of the original judgment, ruling, or mediation document is to be suspended; Where the situation is urgent, the people's court responsible for enforcement may be given oral notice of the ruling to suspend enforcement, and the written ruling may be issued within 10 days of the notice.

Legal analysis: Cases that have already been executed can be retried. If the court has made a judgment and the executor has applied to the court for compulsory enforcement, the court must first enforce it, and if there is a major error found in the enforcement, the person subject to enforcement can appeal to the higher court, and the higher court will decide whether to remand for a new trial, or direct trial.

As long as the conditions for retrial are met, that is, there is evidence proving that the facts on which the original judgment or ruling or enforcement was based were incorrect, or that the original effective judgment violated the Bridge Law, an application for a retrial may be made within the statutory time limit.

Legal basis: Civil Procedure Law of the People's Republic of China

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.

Article 233:Where, after enforcement is completed, the judgment, ruling, or other legal document on which enforcement is based is truly in error and is revoked by the people's court, the people's court shall make a ruling and order the person who obtained the property to return it; and where it is refused, it is to be enforced.

Legal analysis: If the court has made a judgment and the executor has applied to the court for compulsory enforcement, the court must first take action, and if there is a major error found in the enforcement, the person subject to enforcement can appeal to the higher court, and the higher court will decide whether to remand for a new trial.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 147:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served. Where a party is dissatisfied with the first-instance ruling of a local people's court, it has the right to appeal to the people's court at the level above within 10 days from the date of delivery of the ruling. There are three types of rulings that can be appealed: inadmissibility, objection to jurisdiction, and rejection of the lawsuit.

Legal analysis: For civil cases, as long as the application for retrial is within the limitation period, the application for retrial can be made. Where a party's application meets any of the circumstances provided for in article 200 of the Civil Procedure Law of the People's Republic of China, the people's court shall retry the case.

Legal basis: Civil Procedure Law of the People's Republic of China Article 200: Where a party's application meets any of the following circumstances, the people's court shall retry the case:

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 of the facts ascertained in the original judgment or ruling was fabricated;

4) The main evidence of the facts ascertained in the original judgment or ruling has not been debated;

5) Where the parties are unable to collect the main evidence needed for trial of the case for objective reasons, and apply in writing to the people's court to investigate and collect it, but the people's court does not investigate and collect it;

6) The original judgment or ruling was truly erroneous in the application of law;

7) The composition of the trial organization is unlawful, or the adjudicators who should be recused in accordance with law have not made a big noise and have recused themselves;

8) Where a person who lacks capacity for litigation has not been represented by a legally-prescribed person in litigation or a party who should participate in the litigation has not participated in the litigation due to reasons that cannot be attributed to him or his or her litigation person;

9) Violating legal provisions by depriving parties of their right to debate;

10) Judgment in absentia without being summoned by summons;

10) The original judgment omitted or exceeded the litigation claims;

12) The legal documents on which the original judgment or ruling was based have been revoked or modified.

Legal analysis: If a party believes that a judgment or ruling that has already taken legal effect is in error, it may apply for a retrial. When it comes to the execution stage, it is also possible.

Legal basis: Kuanzhou, Civil Procedure Law of the People's Republic of China 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.

Where parties find that a judgment or ruling that has already taken legal effect is in error, they may apply for a retrial. When it comes to the execution stage, it is also possible.

Legal basis: Article 199 of the Civil Procedure Law of the People's Republic of China provides that if a party finds that a judgment or ruling that has already taken legal effect is in error, it 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.