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Is it necessary to hold a court session to hear the case after the appeal to the Intermediate Court

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Is it necessary to hold a court session to hear the case after the appeal to the Intermediate Court


        

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  • 2024-06-14 18:00:48

    After a civil case is appealed to the Intermediate Court, a collegial panel shall be formed to hear it; Whether a criminal case needs to be heard after appeal to the Intermediate Court depends on the actual situation of the case. According to Article 169 of the Civil Procedure Law of the People's Republic of China, the people's court of second instance shall form a collegial panel to hear an appealed 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. According to Article 234 of the Criminal Procedure Law of the People's Republic of China, the people's court of second instance shall form a collegial panel to hear the following cases: (1) the defendant, the 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 of appeal cases; (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. What are the relevant procedures and contents of the appeal? According to Article 164 of the Civil Procedure Law of the People's Republic of China, if a party refuses to accept a judgment of first instance of a local people's court, he has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the written judgment. If a party refuses to accept an order of first instance made by a local people's court, he shall have the right to appeal to the people's court at the next higher level within ten days of the service of the written order. According to Article 165 of the Civil Procedure Law of the People's Republic of China, a petition of appeal shall be submitted for an appeal. The contents of the appeal petition shall include the names of the parties, the names of the legal persons and their legal representatives, or the names of other organizations and their main responsible persons; The name of the people's court that originally tried the case, the case number and the cause of action; The request and reasons for appeal. According to Article 166 of the Civil Procedure Law of the People's Republic of China, the petition of appeal shall be filed through the people's court that originally tried the case, and copies shall be filed according to the number of the opposite party or representative. If a party appeals directly to the people's court of second instance, the people's court of second instance shall transfer the petition of appeal to the people's court that originally tried the case within five days. According to Article 167 of the Civil Procedure Law of the People's Republic of China, the people's court that originally tried the case shall serve a copy of the appeal petition on the other party within five days after receiving the appeal petition, and the other party shall submit a defense within 15 days after receiving it. The people's court shall serve a copy of the statement of defense on the appellant within five days after receiving it. The failure of the other party to submit a defence shall not affect the trial of the people's court. The people's court that originally tried the case shall, within five days after receiving the petition of appeal and the bill of defense, submit them together with all the case files and evidence to the people's court of second instance. According to Article 168 of the Civil Procedure Law of the People's Republic of China, the people's court of second instance shall review the relevant facts and applicable laws of the appeal. According to Article 227 of the Criminal Procedure Law of the People's Republic of China, if the defendant, private prosecutor and their legal representatives refuse to accept the judgment or order of first instance of the local people's court at various levels, they have the right to appeal to the people's court at the next higher level in writing or orally. With the consent of the defendant, his defenders and close relatives may file an appeal. The parties to an incidental civil action and their legal representatives may appeal against the incidental civil action part of a judgment or order of first instance made by a local people's court at any level. The defendant's right of appeal may not be deprived on any pretext. According to Article 230 of the Criminal Procedure Law of the People's Republic of China, the time limit for appeal and protest against a judgment is ten days, and the time limit for appeal and protest against a ruling is five days, counting from the day after the receipt of the written judgment and order. According to Article 231 of the Criminal Procedure Law of the People's Republic of China, if the defendant, private prosecutor, plaintiff and defendant in an incidental civil action file an appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal petition, together with the case file and evidence, to the people's court at the next higher level, At the same time, a copy of the appeal petition shall be sent to the People's Procuratorate at the same level and the other party. If the defendant, private prosecutor, plaintiff and defendant in an incidental civil action file an appeal directly to the people's court of second instance, the people's court of second instance shall, within three days, deliver the petition of appeal to the people's court that originally tried the case to the people's procuratorate at the same level and the other party. According to Article 233 of the Criminal Procedure Law of the People's Republic of China, the people's court of second instance shall conduct a comprehensive review of the facts and applicable laws determined in the judgment of first instance, and shall not be restricted by the scope of appeal or protest. If only part of the defendants in a case of joint crime appeal, the whole case shall be examined and handled at the same time. According to Article 235 of the Criminal Procedure Law of the People's Republic of China, the People's Procuratorate at the same level shall send its personnel to attend the court for cases protested by the People's Procuratorate or cases of public prosecution tried by the People's Court of second instance in court. The people's court of second instance shall, after deciding to open a court session, notify the people's procuratorate to consult the case file in a timely manner. The People's Procuratorate shall complete the inspection within one month. The time for the People's Procuratorate to consult the case file shall not be included in the trial period. According to Article 236 of the Criminal Procedure Law of the People's Republic of China, the people's court of second instance shall, after hearing a case of appeal or protest against a judgment of first instance, handle it respectively according to the following circumstances: (1) If the original judgment finds the facts and applies the law correctly, and the sentence is appropriate, it shall rule to reject the appeal or protest, and uphold the original judgment; (2) If there is no error in finding the facts in the original judgment, but there is an error in the application of the law, or the sentencing is improper, the judgment shall be changed; (3) If the facts in the original judgment are not clear or the evidence is insufficient, the judgment may be changed after the facts are ascertained; It may also rule to revoke the original judgment and remand it to the people's court that originally tried the case for retrial. If the defendant files an appeal or the People's Procuratorate files a protest after the People's Court of first instance has rendered a judgment on the case remanded for retrial in accordance with the third paragraph of the preceding paragraph, the People's Court of second instance shall make a judgment or order according to law and may not remand the case to the People's Court of first instance for retrial. According to Article 238 of the Criminal Procedure Law of the People's Republic of China, if the people's court of second instance finds that the trial of the people's court of first instance involves one of the following violations of the legal procedures, it shall rule to revoke the original judgment and remand it to the people's court of first instance for retrial: (1) violation of the provisions of this Law on public trial; (2) Violating the challenge system; (3) Depriving or restricting the legal litigation rights of the parties, which may affect a fair trial; (4) The composition of the judicial organization is illegal; (5) Other violations of legal procedures that may affect a fair trial. The above is the legal knowledge about the need to hear cases in court after appeal to the Intermediate People's Court. Have you learned it?

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