Insufficient evidence alone warrants acquittal; coerced confessions must be excluded; appeals and retrials remain possible after conviction

34. Insufficient evidence alone warrants acquittal; coerced confessions must be excluded; appeals and retrials remain possible after conviction

Cost: Pursuing these procedures costs nothing in terms of fees, but appeals and retrials demand considerable time. Typically, hiring a lawyer is necessary, with fees starting at several thousand yuan. Those facing financial hardship may apply for legal aid — see Section 5 (“Hire a lawyer immediately after being charged”) for details. The real challenge lies in persisting through multiple rounds of proceedings without giving up.

In plain terms: The Criminal Procedure Law sets clear thresholds for conviction: evidence must be verified through legally prescribed procedures and must collectively leave no reasonable doubt about the facts. When these criteria cannot be met, acquittal is mandatory. Confessions extracted via torture or testimonies obtained through violence and threats must be excluded from consideration and cannot serve as a basis for sentencing. Once a verdict takes effect, the defendant, their legal representatives, and close relatives retain the right to file an appeal.

Benefit: Article 55 of the Criminal Procedure Law stipulates that evidence must be both authentic and sufficient: it must be verified through legally prescribed procedures, and the totality of evidence must eliminate any reasonable doubt regarding the facts. Eliminating reasonable doubt means that, when all evidence is considered together, no other plausible explanation for those facts remains. Article 56 further states that any statements from suspects or defendants obtained through torture or any testimonies or victim statements gathered via violence or threats must be excluded from legal proceedings. Should such evidence be identified during investigation, prosecution, or trial, it must be discarded and cannot inform prosecution recommendations, decisions, or sentencing. Article 200(3) explicitly provides that when evidence proves insufficient to establish guilt, a verdict of acquittal must be rendered on the grounds that the alleged crime cannot be proven. Article 252 preserves the right to appeal: defendants, their legal representatives, and close relatives may petition courts or procuratorates against finalized judgments or rulings. However, filing an appeal does not suspend the execution of the original verdict; appeals and enforcement proceed independently. Article 253 enumerates circumstances under which courts are obligated to conduct a retrial nationwide.

Evidence grade: A

Sources: Standing Committee of the National People's Congress (2018). Criminal Procedure Law (2018 amendment, Articles 55, 56, 200, 252, 253). <https://www.spp.gov.cn/zdgz/201810/t20181027_396818.shtml>

Notes: These provisions represent minimum legal safeguards rather than guarantees of specific outcomes. No verifiable official statistics exist in China regarding acquittal rates in criminal cases or success rates for appeals and retrials, so no percentages or case-specific evaluations are provided here. Three concrete steps remain available to individuals: first, hire a lawyer immediately after the initial interrogation — see Section 5 (“Hire a lawyer immediately after being charged”) for guidance; second, carefully review and sign any official transcripts only after reading them in full; third, avoid admitting guilt to “get out sooner,” as pleading guilty and accepting punishment may earn leniency but does not grant immunity from liability. Where statutory conditions are met, courts are legally required to conduct a retrial.