Change verdict via the second trial

The revision of the judgment in the second instance refers to the form of judgment in which the second instance people's court directly corrects the erroneous content of the first instance judgment. In this case, the general prerequisite for the revision of the judgment in the second instance is error application of criminal statute .

Article 170 of the Civil Procedure Law of the People's Republic of China The second instance people's court shall deal with the appeal case according to the following circumstances after hearing it:

(i) If the original judgment or ruling determines the facts clearly and applies the law correctly, the appeal shall be rejected by judgment or ruling, and the original judgment or ruling shall be upheld;

(ii) If the original judgment or ruling determines the facts incorrectly or applies the law incorrectly, the judgment or ruling shall be revised, revoked or changed in accordance with the law;

(iii) If the original judgment determines that the basic facts are unclear, the original judgment shall be revoked and sent back to the original people's court for retrial, or the judgment shall be revised after the facts are clarified;

(iv) If the original judgment omits a party or makes an illegal default judgment and seriously violates the statutory procedures, the original judgment shall be revoked and sent back to the original people's court for retrial. After the original people's court makes a judgment on the case sent back for retrial, if the party appeals, the second instance people's court shall not send it back for retrial again.