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What conditions must a people's court meet to initiate a retrial on its own?

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What conditions must a people's court meet to initiate a retrial on its own?


        

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  • 2024-06-12 22:00:00

    What conditions must a people's court meet to initiate a retrial on its own?
    Article 177 of the Civil Procedure Law, if the president of a people's court at any level finds some definite error in a legally effective judgment or order of his court and believes that a retrial is necessary, he shall submit it to the judicial committee for discussion and decision. Article 63 of the Administrative Procedure Law, if the president of a people's court finds that a legally effective judgment or order of his court violates the provisions of laws and regulations and deems it necessary to retry, he shall submit it to the judicial committee to decide whether to retry. Article 241 of the Criminal Procedure Law, the parties and their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against a legally effective judgment or order, but the execution of the judgment or order cannot be suspended. Article 242 If the appeal of a party or his legal representative or close relative meets one of the following circumstances, the people's court shall retry the case: (1) there is new evidence to prove that the facts identified in the original judgment or order are wrong, which may affect the conviction and sentencing; (2) The evidence on which the conviction and sentence are based is not accurate and sufficient, which should be excluded according to law, or there is a contradiction between the main evidence proving the facts of the case; (3) There is definite error in the application of law in the original judgment or ruling; (4) Violation of the legal procedures, which may affect the fair trial; (5) When trying the case, the judges committed embezzlement, bribery, malpractice for personal gain, and perverted the law in judging.

    Lin***

    2024-06-12 22:00:00

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