It is not necessary to hold a court session in the second instance. The court session may or may not be held. The details are as follows:
 1. The civil procedure stipulates that the people's court of second instance shall form a collegial panel to hear an appeal case. After reviewing the files, investigating and questioning the parties, if no new facts, evidence or reasons are presented, and the collegial panel considers that it is unnecessary to hold a court session, it may not hold a court session. The people's court of second instance may try an appealed case in its own court, or in the place where the case occurred or where the people's court that originally tried the case is located.
 2. The criminal procedure stipulates that the people's court of second instance shall form a collegial panel to hear the following cases:
 （1） An appeal case in which the defendant, private prosecutor and their legal representatives raise objections to the facts and evidence identified in the first instance, which may affect the conviction and sentencing;
 （2） Appeal cases where the defendant was sentenced to death;
 （3） Cases protested by the People's Procuratorates;
 （4） Other cases that should be heard in court.
 If the people's court of second instance decides not to hold a court session, it shall interrogate the defendant and listen to the opinions of other parties, defenders and agents ad litem.
 When a people's court of second instance opens a court session to hear a case of appeal or protest, it may proceed to the place where the case occurred or where the people's court that originally tried the case is located.
 Legal basis
 Article 223 of the Criminal Procedure Law of the People's Republic of China does not apply to expedited adjudication procedures under any of the following circumstances:
 （1） The defendant is blind, deaf or mute, or is a mental patient who has not completely lost the ability to recognize or control his own behavior;
 （2） The defendant is a minor;
 （3） The case has significant social impact;
 （4） Some defendants in a joint crime case have objections to the alleged criminal facts, charges, sentencing suggestions or the application of expedited adjudication procedures;
 （5） The defendant and the victim or their legal representatives fail to reach a mediation or reconciliation agreement on matters such as compensation for incidental civil actions;
 （6） Other cases not suitable for prompt adjudication procedure.