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What if the second instance judgment is unfavorable? Key points of criminal third instance and Supreme Court appeal.
If you or a family member has just received an unfavorable second-instance criminal judgment, you must first understand that the biggest difference between a third-instance criminal trial and a second-instance trial is not simply re-arguing the facts. A third-instance trial is, in principle, a legal review. Therefore, you should immediately examine how the second-instance judgment applied the law, whether the reasoning was complete and consistent, whether the trial procedure might have been illegal, whether important evidence that should have been investigated according to law had been handled, and whether there are any legally permissible grounds for a third-instance appeal. Simply expressing dissatisfaction with the factual findings is usually insufficient to constitute a legally valid ground for a third-instance trial. If you are currently dealing with a first-instance judgment, you should first read the key points for examining second-instance criminal appeals and judgments, and not confuse the review methods of second and third instances. What is the biggest difference between a third-instance criminal trial and a second-instance trial? The second instance may still involve facts, evidence, legal application…
