Question: In the second instance, the difference between the death penalty review procedure and the trial supervision procedure in the second instance
The characteristics of the trial supervision procedure can be seen from the following comparison. The difference between the trial supervision procedure and the second instance procedure: 1. The objects of trial are different. The trial supervision procedure deals with cases in which judgments or rulings have become legally effective; The second instance procedure is a case in which the judgment or ruling of the first instance procedure has not yet taken effect. 2。 The subjects mentioned are different. The procedure of trial supervision can only be initiated by the Supreme People, the people at a higher level, the People's Judicial Committee that originally tried the case, the Supreme People's Procuratorate, and the People's Procuratorate at a higher level; The second instance procedure shall be initiated by the person who has the right to appeal according to law and the People's Procuratorate who initiated public prosecution in the first instance procedure. 3。 The conditions mentioned are different. The initiation of the trial supervision procedure must be to discover that the effective judgments and rulings are indeed wrong in understanding the facts and applying the law. If the procedure of second instance is proposed by the appellant, there is no need for any reason to appeal as long as the appellant refuses to accept the judgment or order of first instance. If the people's procuratorate protests, it requires that the judgment and order of first instance be considered to be truly wrong. 4。 The filing period is different. The initiation of trial supervision procedure has no time limit, except that it is subject to the limitation of prosecution due to the discovery of new crimes or the change of innocence to guilt. As long as the original judgment or ruling has taken effect, it can be in the process of implementing the effective judgment or ruling, or after the effective judgment or ruling has been executed; The procedure of bringing a second instance must be within the statutory period of appeal and protest. 5。 The procedure applicable to the trial is different. The specific trial procedure applicable to the trial of a case in accordance with the trial supervision procedure depends on the effective judgment. The ruling originally applied the procedure of first instance, which was originally a case of first instance. If it was a case of second instance or a case brought up for trial, the procedure of second instance should be used. 6。 Whether the trial result can be increased is different. When a case is tried according to the trial supervision procedure, the final result of the trial may be to reduce or increase the original sentence; The principle of appeal without additional punishment must be observed when judging cases according to the procedure of second instance. The difference between the trial supervision procedure and the death penalty review procedure: 1. The nature is different. The trial supervision procedure is a kind of error correction procedure, and the death penalty review procedure is the highest approval procedure for the death sentence. 2. The startup subjects of the two programs are different. The subject of the trial supervision procedure can be or can be, and the death penalty review procedure is the procedure that the lower level reports to the highest approval after the first and second instance are sentenced to death.
