Joke Collection Website - Bulletin headlines - Who can I appeal to for an unjust, false or wrongful conviction?
Who can I appeal to for an unjust, false or wrongful conviction?
The issue of appeals for unjust, false and wrongful convictions actually refers to the trial supervision process, also known as the "retrial process." It refers to the special litigation procedure in which the People's Procuratorate finds that there is an error in a legally effective judgment or ruling made by the People's Court and initiates a retrial in accordance with its authority. The purpose is to correct the judgments and rulings that have taken effect but are indeed erroneous by re-examining them and making a judgment. The parties, their legal representatives, and close relatives may appeal to the People's Court or the People's Procuratorate against judgments and rulings that have taken legal effect, but they cannot stop the execution of the judgments or rulings. If the parties, their legal representatives, and close relatives are dissatisfied with the court's first-instance judgment, they may appeal to the higher court within 10 days; if they are still dissatisfied after the second-instance final judgment, they may file an appeal and request a retrial. According to the law, for cases that meet the conditions for retrial, the People's Court shall retry the case in accordance with the trial supervision procedures within three months from the date of making the decision to interrogate or retrial. If the time limit needs to be extended, it shall not exceed six months. The people's court that accepts the protest shall try the protested case in accordance with the trial supervision procedure, and the provisions of the preceding paragraph shall apply to the trial period; if it is necessary to order the lower people's court to retrial, it shall make a decision within one month from the date of accepting the protest. The time limit for the lower people's court to hear the case shall be The provisions of the preceding paragraph shall apply. Legal basis: Article 241 of the Criminal Procedure Law of the People's Republic of China. The parties, their legal representatives, and close relatives may lodge a complaint with the People's Court or the People's Procuratorate regarding a legally effective judgment or ruling. Appeal, but cannot stop the execution of judgments and rulings. Article 242 of the "Criminal Procedure Law of the People's Republic of China" If the complaints of the parties, their legal representatives, and close relatives meet any of the following circumstances, the people's court shall conduct a new trial: (1) There is new evidence Proving that the facts identified in the original judgment or ruling are indeed erroneous, which may affect the conviction and sentencing; (2) The evidence on which the conviction and sentencing is based is unreliable, insufficient, and should be excluded in accordance with the law, or there is a contradiction between the main evidence proving the facts of the case. ; (3) The original judgment or ruling was indeed erroneous in the application of law; (4) Violation of legal procedures may affect a fair trial; (5) Judges engaged in corruption, bribery, and malpractice for personal gain when hearing the case, The conduct of the judgment is in violation of the law.
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