Specify the format of the retrial judgment in a criminal case

You can take a look at the relevant jurisprudence.

Legal analysis: (1) It is tried in accordance with the first-instance trial procedures; (2) Where it is necessary to conduct a trial of facts or evidence in accordance with the second-instance trial procedures; (3) The people's procuratorate raises a prosecutorial counter-appeal in accordance with the trial supervision procedures; (4) The sentence might be increased for the defendant in the original trial (appellant in the original trial); (5) There are other circumstances that should be tried.

Legal basis: "Specific Provisions of the Supreme People's Court on Trial Procedures for Criminal Retrial Cases" Article 3: Where an appeal is raised on the grounds that there is new evidence proving that the facts ascertained in the original judgment or ruling are truly in error, a new catalogue of evidence, a copy of the witness's famous travel list, and the main evidence shall be attached at the same time. Where it is necessary to apply to the people's court to collect evidence, evidence leads shall be attached.

where it is not attached, it shall be supplemented within 7 days; Where it is still incomplete or not made up within the time limit after supplementation, a decision shall be made not to accept it. Article 5: People's courts hearing the following retrial cases shall try them in accordance with law: (1) Trial in accordance with the first-instance trial procedures; (2) It is necessary to conduct a trial of facts or evidence in accordance with the second-instance trial procedures; (3) The people's procuratorate raises a prosecutorial counter-appeal in accordance with the trial supervision procedures; (4) The defendant in the original trial (appellant in the original trial) might be given an increased punishment and dismantled hardship; (5) There are other circumstances that should be tried.

Trial procedures for retrial cases: 1. Legally effective judgments or rulings are made by the court of first instance and are to be tried in accordance with the procedures of the first instance; 2. Legally effective judgments or rulings are made by the court of second instance, and are to be tried in accordance with the procedures of the second instance; 3. It is a legally effective judgment or ruling; Where a higher level people's court arraigns for trial in accordance with the trial supervision procedures, it is to be tried in accordance with the second-instance trial procedures.

Article 256 of the Criminal Procedure Law: Where a people's court follows the trial supervision procedures to retry a case, and the original people's court hears it, it shall separately form a collegial panel to conduct it. If it was originally a case of first-instance trial, the trial shall be conducted in accordance with the first-instance trial procedures, and the judgment or ruling made may be appealed to Zheng Tongchong and a prosecutorial counter-appeal; If it was originally a second-instance case, or if it was brought to trial by a higher level to a 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.

Legal Analysis: Apply to criminal retrial cases tried in accordance with the first-instance trial procedures or second-instance trial procedures**. After the people's court receives a written written protest from the people's procuratorate in accordance with the trial supervision procedures, it shall handle it separately on the basis of different circumstances:

1) Where it is not within the jurisdiction of the procuratorate, decide to return it to the people's procuratorate: (2) Where the defendant in the original trial (appellant in the original trial) cannot be found at the address provided in the written counter-appeal, the people's court shall request that the people's procuratorate that raised the counter-appeal assist in the search; where it cannot be found after assistance in the search, it is decided to return it to the people's procuratorate; (3) Where the written counter-appeal does not indicate the exact address of the defendant (appellant in the original trial), the people's procuratorate shall be requested to supplement it within 7 days, and where it is still unclear or not made up within the time limit after supplementation, a ruling is made to uphold the original judgment;

Legal basis: "Rules of Criminal Procedure of the People's Procuratorate" Article 599: In a case where a prosecutorial counter-appeal is raised in accordance with the trial supervision procedures, and the People's Procuratorate believes that the judgment or ruling made by the people's court in the retrial is still truly in error, if the case is tried in accordance with the first-instance trial procedures, the People's Procuratorate at the same level shall submit a prosecutorial counter-appeal to the people's court at the next higher level in accordance with the second-instance trial procedures; If the case is tried in accordance with the second-instance trial procedures, the people's procuratorate at the level above shall submit a prosecutorial counter-appeal to the people's court at the same level in accordance with the trial supervision procedures.

Legal Analysis: 1. In criminal retrial cases tried by the people's courts in accordance with the trial supervision procedures**, unless the people's procuratorate raises a prosecutorial counter-appeal, a written decision on retrial shall be drafted.

People's courts' rulings on retrial generally do not revoke the original judgment.

II. People's courts** hearing retrial cases shall separately form a collegial panel to conduct it in accordance with law.

III. People's courts** hearing retrial cases shall conduct a comprehensive review of the facts ascertained in the original judgment and the applicable law.

IV. When the people's courts** hear retrial cases, the Huaibian People's Procuratorate shall appoint personnel to appear in court as procurators (public prosecutors).

5. The following work should be done before **:

1) Review the reasons for the protest or appeal, and investigate and verify the facts of the case as needed.

2) The people's court's decision to retry the ruling must be sent to the people's procuratorate 30 days before **, and it is to be notified to review the case file and send personnel to appear in court.

3) A copy of the people's court's ruling to decide on a retrial or the people's procuratorate's written counter-appeal must be sent to the defendant of the original trial, the statutory person, before 14 days, and inform the defendant of the original trial that he may retain a defender, or if necessary, the people's court will appoint a defender for him.

4) The people's procuratorate must be notified of the time and place three days in advance.

5) Summoning the parties, notifying the defenders, witnesses, appraisers and translators, and the summons and notices must be served three days before **.

6) Where the defendant in the original trial is still serving his sentence, the custody formalities are to be handled on the basis of the ruling or protest that decided to retry and the warrant of the Akeno Civil Court.

Where the defendant in the original trial is in custody and the verdict may be changed to not guilty at retrial, he may be released on guarantee pending further investigation.

Where the defendant in the original trial is not in custody and it is necessary to employ compulsory measures, compulsory measures shall be employed in accordance with law.

7) In cases that are tried publicly, the cause of action, the name of the defendant in the original trial, and the time and place shall be announced in advance.

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

Article 227:Defendants, private prosecutors, and their legally-designated ** persons who are dissatisfied with the first-instance judgment or ruling of any level of local people's court have the right to appeal to the people's court at the level above in writing or orally. The defendant's defender and close relatives may file an appeal with the defendant's consent.

Parties to attached civil litigation and their legally-designated persons may appeal the attached civil litigation portion of the first-instance judgment or ruling of the local people's court at all levels.

The right of appeal of the accused shall not be deprived under any pretext.

Article 228: When a local people's procuratorate at any level finds that the judgment or ruling of the people's court at that level is truly in error, it shall raise a prosecutorial counter-appeal to the people's court at the level above.