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| 中华人民共和国刑事诉讼法（英文版）（下） |
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| http://www.dffy.com 2007-1-19 17:22:31 来源：东方法眼 |
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(2) if the original judgment contained no error in the determination of facts but the application of law was incorrect or the punishment was inappropriately meted out, the People s Court shall revise the judgment.
(3) if the facts in the original judgment were unclear or the evidence insufficient, the People s Court may revise the judgment after ascertaining the facts, or it may rescind the original judgment and remand the case to the People s Court which originally tried it for retrial.
Article 190 In the trial of a case appealed by a defendant, or his legal representative, defender or near relative, the People s Court of second instance may not increase the criminal punishment on the defendant.
The restriction laid down in the preceding paragraph shall not apply to cases protested by a People s Procuratorate or cases appealed by private prosecutors.
Article 191 If a People s Court of second instance discovers that when hearing a case, a People s Court of first instance violates the litigation procedures prescribed by law in one of the following ways, it shall rule to rescind the original judgment and remand the case to the People s Court which originally tried it for retrial:
(1) violating the provisions of this Law regarding trial in public;
(2) violating the withdrawal system;
(3) depriving the parties 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.
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本文关键词：刑事诉讼
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