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Reply of the Research Office of the Supreme People's Court on Whether a People's Court in a Trial on Appeal May Continue to Hear a Case after the Prosecution Suggests in Court the Remand of the Case for Retrial [Effective]
最高人民法院研究室关于二审开庭审理过程中检察员当庭提出发回重审建议后人民法院能否对案件继续审理问题的答复 [现行有效]
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Reply of the Research Office of the Supreme People's Court on Whether a People's Court in a Trial on Appeal May Continue to Hear a Case after the Prosecution Suggests in Court the Remand of the Case for Retrial

 

最高人民法院研究室关于二审开庭审理过程中检察员当庭提出发回重审建议后人民法院能否对案件继续审理问题的答复

(No. 207 [2010] of the Research Office of the Supreme People's Court on November 30, 2010) (法研[2010]207号 2010年11月30日)

Higher People's Court of Qinghai Province: 青海省高级人民法院:
Your Request for Instructions on Whether a People's Court in a Trial on Appeal May Continue to Hear a Case after the Prosecution Suggests in Court the Remand of the Case for Retrial (No. 1 [2010], the Higher People's Court of Qinghai Province) has been received. Upon deliberation, the following reply is hereby made: 你院青刑他字[2010]1号《关于二审开庭审理过程中检察员当庭提出发回重审建议的人民法院能否对案件继续审理问题的请示》收悉。经研究,答复如下:
Where, in a criminal trial on appeal by a people's court, the prosecution suggests that the case be remanded to the original trial court for retrial because the facts found in the original judgment are unclear, the people's court shall continue to hear the case, pay particular attention to the issues of unclear facts and insufficient evidence raised by the prosecution, and then render a judgment in accordance with the provisions of Article 189 of the Criminal Procedure Law.

 人民法院在第二审刑事案件开庭审理过程中,检察员当庭提出原判事实不清,建议发回原审人民法院重新审判的,应当继续审理并对检察员提出的有关事实不清、证据不足的问题进行重点审查,之后根据刑事诉讼法一百八十九条的规定,依法作出裁判。
 

     
     
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