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Sentencing in criminal cases is generally a sentencing recommendation submitted to the procuratorate and made after research by the court's adjudication committee, and in the evaluation of courts at all levels, the points deducted for changing the sentence on appeal are very strong, and if there is no new evidence to support it or meritorious service, it is almost impossible to change the sentence on appeal.
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In criminal cases, the sentence is determined by the judge in accordance with the sentence proposed by the procuratorate, and if there is no new evidence to support the commutation of the sentence or meritorious service, there is almost no chance of an appeal to change the sentence.
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The probability of winning the case has nothing to do with the number of trials, in the end, it depends on whether the evidence is conclusive, and the evidence is conclusive, the greater the chance of winning the case. A criminal case is a type of case in which a procuratorate initiates a public prosecution, and an appeal may be filed within a certain period of time after the verdict is pronounced. If there is conclusive evidence that the verdict is not factual or does not conform to legal order, the chances of success are greater.
If you are not satisfied with the judgment, you need to file an appeal with a higher court, and when you appeal, you must clearly write down your reasons for appeal, and after the appeal is filed, the higher court will first review the file and then conduct a new trial. Once the appellant withdraws his appeal during the appeal period, he loses the right to appeal and can no longer appeal in this case.
1. Conditions for appeals in criminal casesCriminal appeals can only be conducted after the verdict has been handed down, and the appeal can only be accepted normally if it is within the time limit for appeals. The appellant may appeal on behalf of the parties themselves, or the appellant's relatives and friends may appeal on behalf of the appellant, but the appellant's consent is required to clear the friend. There are also legitimate grounds for appeal.
2. The disappearance of the right to appeal is not possible under all circumstances, and there are certain conditions for this activity. The appeal period can only be made after the judgment or award has been handed down, and the appeal period is postponed according to the date of the judgment or award, as the time limit is 15 days. Secondly, if the appeal is withdrawn after the commencement of the appeal, the right to appeal again is completely lost.
3. Probability of success in a criminal appealCivil case will be retried by a higher court after an appeal, and the higher court will obtain the relevant files and exhibits of the case. However, this does not mean that the success rate of the appeal will be higher than that of the first-instance judgment, and the probability of winning the case is based on the facts, not the appeal link in the judicial process.
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The chances of winning the case are not very good, because it has already been decided in the first instance, and it is difficult to win the case unless you provide strong evidence again.
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It depends on whether the chain of evidence changes. If new evidence can be submitted, the chances of winning the case are still relatively high. If the original evidence has not changed, the probability of winning the case is almost zero.
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The chance of winning a criminal case will not be higher than 50% if the appeal is made after the first-instance verdict of the criminal case, which is relatively small.
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If you have a lot of evidence, and you have a reason to do it, you may have a very good chance of winning, but if you don't have evidence, it may not be the same as before, and nothing will change substantially.
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Hello, the appeal of a criminal case cannot be said to be a winning rate, if it is really suspected of a crime, it will definitely be sentenced, it is just a matter of the severity of the sentence.
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In criminal cases, generally speaking, after the first-instance judgment takes effect, there will be no changes in the second-instance trial. Unless there is a significant change in the facts of the case.
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The odds of winning the case are still very high, and if you have more favorable conditions, you can still win the case.
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If a criminal case is appealed after the judgment of the first instance, is there a good chance of appeal? It depends on the authenticity of your material, and if you do meet the above conditions, it is likely that there will be a high chance.
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Hehe, it's up to you, or the court of second instance, if someone finds that your circumstances constitute a crime, no?
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From a legal point of view, the key to this depends on whether there is a factual or legal basis for refuting the original judgment, and only then can we analyze the specific circumstances on a case-by-case basis.
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Legal analysis: The success rate of criminal appeals is generally not high, because in many cases, in criminal proceedings, many in the first instance, the evidence case has already been conclusive, and they appeal just to reduce their punishment.
Legal basis: "Criminal Law of the People's Republic of China" Article 81: Criminals sentenced to fixed-term imprisonment may be released on parole if they have served more than half of the original sentence, and criminals sentenced to life imprisonment who have actually served 13 years or more, may be released on parole if they conscientiously abide by prison rules, accept education and reform, truly show repentance, and are not in danger of committing another crime. If there are special circumstances, upon approval by the Supreme People's Court, the above-mentioned restrictions on the enforcement of sentences may be waived.
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Legal analysis: Not much, after receiving the first-instance judgment, if the party is not satisfied with the first-instance judgment, he can appeal within 15 days from the date of receipt of the judgment, and the appeal is the legal right of the parties. Since the other party has appealed, you, as the appellee, must actively respond to the lawsuit in accordance with the second-instance procedures, including promptly checking with the second-instance court whether the second-instance case has been filed, preparing the second-instance reply, submitting new evidence, and participating in the court investigation or trial on time.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 164: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 next to the search at the level above within 15 days of the judgment being served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.
Article 165:An appeal petition shall be submitted. The content of the appeal petition shall include the name of the party, the name of the legal person and the name of its legal representative, or the name of other organizations and the name of the person who is mainly responsible for the world; the name of the original people's court, the case number, and the cause of action; Request and grounds for appeal.
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Legal Analysis] If a criminal case is appealed after the first-instance judgment, there is less chance of winning the case if there is no new and prudent evidence. According to the relevant laws and regulations, if both parties are dissatisfied with the first-instance judgment of the people's court at any level, they may file an appeal within 10 days before the judgment takes effect. To appeal, an appeal petition needs to be submitted, stating the basic information of the parties, the cause of action and the verdict, and explaining the specific request for the appeal, whether it is to request that the original judgment be revoked, the judgment changed, or that the original judgment be partially modified.
In cases where the appeal is conducted through the people's court of the original trial, the original people's court needs to transfer the appeal petition and the case file, relevant evidence, and other materials to the people's court at the level above within three days of the defendant submitting the appeal petition, and send a copy of the appeal petition to the opposing party.
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 a local people's court at any level 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.
You can take a look at the relevant jurisprudence.
Suspected criminal offenses are to be convicted and sentenced in accordance with the provisions of criminal procedure. The period of detention of a criminal suspect specifically includes the period of criminal detention and approval of arrest and investigation by the public security organs, the time limit for the procuratorate to initiate a public prosecution, and the time limit for the people's court to hear and make a judgment. >>>More
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The statute of limitations in criminal cases is not fixed, but is related to the sentence that may be imposed for the crime committed in the case.
Yes, but be sure to submit it to the court. If it is written on the day of **, the judge will approve it in the verdict after cross-examination. If it was written on the day the judgment was received, and the judgment was not in time, the defendant could file an appeal, and the court of second instance would also have cross-examined the evidence. >>>More