arties of their litigation rights prescribed by law
or restricting, such rights, which may hamper impartiality of a trial;
(4) unlawful formation of a judicial organization; or
(5) other violations against the litigation procedures prescribed by law
which may hamper impartiality of a trial.
Article 192 The People's Court which originally tried a case shall form
a new collegial panel for the case remanded to it for retrial, in
accordance with the procedure of first instance. With respect to the
judgment rendered after the retrial, an appeal or protest may be lodged
in accordance with the provisions of Article 180, 181 or 182 of this
Law.
Article 193 After a People's Court of second instance has reviewed an
appeal or protest against an order of first instance, it shall order
rejection of the appeal or protest or rescind or revise the original
order respectively with reference to the provisions of Article 189, 190
or 192 of this Law.
Article 194 The People's Court which originally tried a case shall
calculate the time limit anew for the trial of the case remanded to it
by the People's Court of second instance from the date of receiving the
case remanded.
Article 195 A People's Court of second instance shall try cases of
appeal or protest with reference to the procedure of first instance, in
addition to applying the provisions in this Chapter.
Article 196 After accepting a case of appeal or protest, a People's
Court of second instance shall conclude the trial of the case within one
month, or one and a half months at the latest. Under one of the
situations provided in Article 126 of this Law, the period may be
extended by one month upon the approval or decision by the Higher
People's Court of a province, autonomous region or municipality directly
under the Central Government. However, with respect to cases of appeal
or protest accepted by the Supreme People's Court, the matter shall be
decided by the Supreme People's Court itself.
Article 197 All judgments and orders of second instance and all
judgments and orders of the Supreme People's Court are final.
Article 198 The public security organs, People's Procuratorates and
People's Courts shall have the property, things of value of the criminal
suspects and defendants, as well as the fruits accruing therefrom, that
they have seized or frozen well kept for examination. No units or
individuals shall misappropriate them or dispose of them without
authorization. The lawful property of the victims shall be returned to
them without delay. Prohibited articles and perishable things shall be
disposed of in accordance with the relevant regulations of the State.
Things that serve as tangible evidence shall be transferred together
with the case, but for things that are上一页 [1] [2] [3] [4] [5] [6] 下一页
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