Can the offender apply for a retrial if he or she voluntarily asks for compensation?

If you take the initiative to ask for compensation, you can mediate, and it is unlikely that you can apply for a retrial, because:

The circumstances of an application for retrial under the Criminal Procedure Law are as follows, and you can compare them: Article 205: 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.

In cases where the people's procuratorate raises a prosecutorial counter-appeal, the people's court accepting the counter-appeal shall form a collegial panel to retry the case, and may order a lower people's court to retry the case where the facts of the original judgment are unclear or the evidence is insufficient.

Under normal circumstances, an application for retrial on this ground will not be supported. However, according to the provisions of the Supreme People's Court on commutation and parole, voluntary compensation may be used as the basis for commutation or parole.

If the trial has already been concluded, then the initiative to compensate for the understanding of the injured party is only a sentencing circumstance, and the retrial must be the facts, charges and procedures found by the original trial to be illegal, and you have already completed the trial, even if you get the understanding of the parties, there is no way to retry it.

An application for retrial may be made in accordance with law.

Retrial can be divided into two situations: first, if the case being retried was originally a first-instance case, the trial should be conducted in accordance with the first-instance trial procedures, and at this time it is not subject to the principle of non-increase of sentence on appeal; Second, if the case is retried and it was originally a second-instance trial case, the trial shall be conducted in accordance with the second-instance trial procedures, and at this time it is subject to the principle of not increasing the sentence on appeal. Relevant Laws:

Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of the Criminal Procedure Law of the People's Republic of China.

Article 309.

In cases where the people's courts retry a case in accordance with the trial supervision procedures, if it was originally a first-instance trial case, the trial shall be conducted in accordance with the first-instance trial procedures, and the judgment or ruling may be appealed or counter-appealed; If it was originally a second-instance case, or a case brought to trial by a higher level people's court, the trial shall be conducted in accordance with the second-instance trial procedures, and the judgment or ruling made is the final judgment or ruling.

The nature of not increasing the sentence is the same as not increasing the sentence on appeal, the defendant appeals for a lighter punishment, and if the sentence can be increased, who dares to appeal, but only if the defendant appeals to initiate a retrial, the sentence cannot be increased, this is to protect the defendant's right to appeal, where the people's procuratorate raises a protest, where the private prosecutor submits an appeal, and where the court initiates a retrial on its own, they are not subject to the restriction of appealing for not increasing the sentence, and these methods of initiating a retrial can all increase the defendant's punishment.

Since it is a retrial, it is a first trial, and the punishment of the defendant can be increased. Note that this is not an appeal. Therefore, the principle of no increase in sentence on appeal does not apply.

What is legally required not to increase the defendant's sentence is the appeal procedure, and the sentence is not increased on appeal, but there is no such provision in retrial cases.

Unlike appeals, where the sentence is not increased, a retrial may increase the sentence of the defendant in the original trial.