On the question of the reversal rate of criminal cases in the second instance, there is currently no authoritative statistical organization to release the data. Some big data analytics software analyzes the rate of second-trial reversals at about 10 to 15 percent based on its case database. However, these data have not been officially responded to, and the relevant big data software published data whether the scientific nature, accuracy and reference value, need to judge for themselves. It should be noted that the right to appeal is an inalienable right of every criminal defendant. As long as you think your rights have been violated or there is procedural injustice, you can appeal according to law. Civil litigation second instance to change the judgment if the appellant has no new evidence, the chances of changing the judgment is not very big. In civil litigation, the most critical factor affecting the outcome of the second instance judgment is whether the appellant has new witnesses and evidence, if there is no new evidence that can promote the development of the case, then the second instance of the chances of a change in judgment is not great. Labor disputes are not high rate of re-sentencing, because after the first trial of the case have been fully questioned, debate, the judge is mostly pragmatic, the second trial is not likely to change the verdict. Traffic accidents are unlikely to change the judgment, the second trial to change the judgment or not is not to make speculation. Because in the judgment, is not simply through a number to illustrate, need to combine the actual situation of the case as well as the first trial of the evidence of the clear or not to judge, in addition, the second trial relative to the first trial, in the guess to the effectiveness and application of the procedure is a lot of different.
Legal basis: "Chinese people's **** and the State Criminal Procedure Law"
Article 153 provides that: the People's Court of Second Instance of the appeal case, after hearing, in accordance with the following circumstances were dealt with:
(a) the original decision to determine the facts, the application of the law is correct, the judgment dismissed the appeal, to maintain the original judgment. The decision;
(2) If the original judgment is incorrect in the application of the law, the judgment shall be changed according to the law.
Article 236: The people's court of second instance shall, after hearing an appeal or protest against a judgment of first instance, deal with the case separately in accordance with the following circumstances:
(1) Where the original judgment has found the facts and applied the law correctly, and the sentence is appropriate, it shall rule that the appeal or protest be dismissed, and that the original judgment be upheld;
(2) Where the original judgment has found no error in the facts but has (b) if the original judgment finds no error in the application of the law, or if the sentence is inappropriate, the judgment shall be changed;
(c) if the facts of the original judgment are unclear or there is insufficient evidence, the judgment may be changed after clarification of the facts; or it may be decided that the original judgment shall be set aside and remanded to the People's Court of first instance for a new trial.
The people's court of first instance for the case sent back for retrial in accordance with the provisions of the third subparagraph of the preceding paragraph, the defendant filed an appeal or the people's procuratorate filed a protest, the people's court of second instance shall, in accordance with the law, make a judgment or ruling, and shall not be sent back to the people's court of first instance for retrial.