Appeal of Procedural Disputes

In procedural adjudication, the appeal process plays a critical role. During the initial trial phase, if the defense requests the initiation of procedural adjudication and the court refuses, or if the outcome of the court’s review is unacceptable to both the prosecution and the defense, it is necessary to grant the parties a remedial right to express their objections. Additionally, how to handle procedural disputes raised for the first time by the defendant during the second instance is a topic worthy of exploration. This paper explores the nuances of handling procedural adjudications, particularly focusing on the treatment of illegal evidence in Chinese criminal procedure. A pivotal issue discussed is the appellate court’s role when illegal evidence exclusion is raised for the first time during an appeal. This chapter argues that Chinese courts should allow the defense to challenge the legality of evidence in the second instance, even if it was not contested in the first instance. Additionally, it examines scenarios where the first-instance court fails to initiate or properly adjudicate the illegal evidence exclusion process. It recommends that second-instance courts should overturn such judgments and remand the case for retrial, ensuring both the protection of procedural rights and the maintenance of procedural justice. The study underscores the necessity for first-instance courts to make determinative rulings on illegal evidence to facilitate effective appellate review and guarantee that the legal process aligns with principles of justice and fairness.