The result of the second instance trial of the embezzlement case is that it is remanded for retrial,

The result of the second-instance trial of the case of embezzlement in public office is: remand for retrial, and there is no need to re-file the case, but to retry the case.

Remanding for retrial is a procedural provision for the court to hear a case. Since the court of first instance may violate the mandatory provisions of the law on trial rules and cannot protect the legitimate rights and interests of the parties if it does not remand for a new trial, it is necessary to bring it to the original court to conduct the trial in accordance with the procedures of the first instance.

Circumstances remanded for retrial in the second-instance trial procedure:

1) Where the facts found in the original judgment were erroneous, or the facts found in the original judgment were unclear and the evidence was insufficient, a ruling is made to revoke the original judgment and remand to the original people's court for retrial. (Article 170 of the Code of Civil Procedure).

2) Where the original judgment violates legally-prescribed procedures and might affect the correct judgment of the case, rule to revoke the original judgment and remand to the original people's court for retrial. (Article 170 of the Code of Civil Procedure).

3) Where the original people's court has not made a trial or judgment on litigation claims already submitted by the parties in the first-instance trial, the second-instance trial court may conduct mediation on the basis of the principle of the parties' voluntariness, and if mediation fails, remand for new trial. (Article 182 of the Several Opinions of the Supreme People's Court).

4) Where the parties who must participate in the litigation do not participate in the litigation in the first-instance trial, the second-instance trial court may mediate on the basis of the principle of the parties' voluntariness, and if mediation fails, remand for retrial. (Article 183 of the Several Opinions of the Supreme People's Court).

5) In cases where a first-instance judgment does not allow divorce, and after appeal, the second-instance people's court finds that a divorce should be decided, it may, on the basis of the principle of the parties' voluntariness, mediate together with child support and property issues, and if mediation fails, remand for new trial. (Article 185 of the Several Opinions of the Supreme People's Court).

Circumstances remanded for retrial in trial supervision procedures:

According to the Several Opinions of the Supreme People's Court, the circumstances of remand for retrial in the trial supervision procedure include:

1) In cases brought to trial or retried in accordance with the second-instance trial procedures by the people's courts, the original is discovered during trial.

First, and second-instance judgments have violations of legally-prescribed procedures as provided for in article 181 of the "Several Opinions", that is, where the adjudicators and clerks hearing the case should recuse themselves and have not recused themselves, where a judgment is made without a trial, where a party to a case applying the ordinary procedures is tried and makes a judgment in absentia without being summoned by summons, and where there are other serious violations of legally-prescribed procedures that might affect the correct judgment or ruling of the case, the ruling is to be revoked.

The first- and second-instance judgments are remanded to the original people's court for retrial. (Article 210, Paragraph 2 of the Several Opinions of the Supreme People's Court).

2) In cases retried in accordance with the trial supervision procedures, the people's court found the original.

Where the first- or second-instance judgment omits parties who should participate, mediation may be conducted on the basis of the principle of the parties' voluntariness, and if mediation fails, a ruling is to revoke it.

The first- and second-instance judgments are remanded to the original people's court for retrial. (Article 211 of the Several Opinions of the Supreme People's Court).

According to the second paragraph of Article 170 of the Civil Procedure Law:"Where after the original people's court makes a judgment in a case remanded for new trial, and the parties raise an appeal, the second-instance trial court must not remand for new trial again. "Limits on the number of remands are made to avoid the cycle of constant appeals.

Remand for new trial means that the case is remanded to the original trial court for the original trial court to re-try the case, and it is not necessary to file the case again.

In accordance with Article 2 of China's "Civil Procedure Law" and the Supreme People's Court's "Several Provisions on Strictly Implementing the Time Limit System for Case Trial", the time limit for first-instance civil cases tried using ordinary procedures is six months; Where there are special circumstances that require an extension, an extension of six months may be granted with the approval of the president of that court, and where an extension is still necessary, it may be extended for another three months upon approval by the people's court at the level above. The time limit for civil cases applying the summary procedures is three months.

The time limit for criminal cases is shorter.

Code of Criminal Procedure

Article 168:People's courts hearing public prosecution cases shall announce the verdict within one month of accepting it, and must not exceed one and a half months at the latest. In any of the circumstances provided for in article 126 of this Law, an extension of one month may be granted upon approval or decision of the high people's court of the province, autonomous region, or directly governed municipality.

In cases where the people's court changes jurisdiction, the time limit for trial is calculated from the date on which the changed people's court receives the case.

In cases where the people's procuratorate is supplementing the investigation, after the supplementary investigation is completed and transferred to the people's court, the people's court is to recalculate the time limit for trial.

Victims of embezzlement in public office may apply for a retrial, and where parties feel 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.

1. How to apply for a retrial when entering the stage of executing the ants.

When the case enters the enforcement stage, it may also be retried. A retrial is a new trial of a case in accordance with the trial supervision procedures for the purpose of correcting an erroneous judgment or ruling that has already taken legal effect. 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. In any of the following circumstances, the parties may apply to the people's procuratorate for a procuratorial suggestion or prosecutorial counter-appeal: (1) the people's court rejects the application for retrial; (2) The people's court has not made a ruling on the application for retrial within the time limit; (3) There are obvious errors in the retrial judgment or ruling.

The people's procuratorate shall conduct a review of a party's application within three months, and make a decision on whether to submit or not to submit a procuratorial suggestion or prosecutorial counter-appeal. Parties must not apply to the people's procuratorate again for a procuratorial suggestion or prosecutorial counter-appeal.

2. What should I do if I am not satisfied with the judgment of the previous and second instance.

If the parties are dissatisfied with the judgment of the court of second instance that has already taken effect, they may apply to the higher court for a retrial. According to the relevant provisions of China's "Civil Procedure Law", if a party believes that a judgment or ruling that has already taken legal effect is in error, it may apply to the people's court at the next higher level 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 205 of the Criminal Procedure Law.

Where the president of any level of people's court discovers that there is a real error in changing the ruler of 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.