What if the court misjudges the case?
1. If there is evidence to prove that the judgment is wrong and the judgment is not effective, you can directly appeal to a higher court.
2. If there is evidence to prove that there is a wrong judgment, but the judgment takes effect within six months after it takes effect, you may apply to a higher court for retrial.
3. If there is evidence that there is a wrong judgment, but six months after the judgment takes effect, you can only apply to the people's procuratorate at the same level for protest.
4. The above are three legal procedures and methods. Of course, you can also take administrative measures: directly report the situation to the office of the president of the court, and let the court correct itself and conduct self-examination.
If the presidents of the people's courts at all levels find that there are errors in the legally effective judgments, rulings and conciliation statements of their own courts and think that a retrial is necessary, they shall submit them to the judicial committee for discussion and decision.
The Supreme People's Court has the right to send back the legally effective judgments, rulings and conciliation statements of local people's courts at all levels and people's courts at higher levels or order the people's courts at lower levels to try them again if errors are found.
If a party considers that a legally effective judgment or ruling is wrong, it may apply to a people's court at the next higher level for retrial; A case with a large number of people or both citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.
How to deal with complaints of misjudgment
The people's procuratorate or the people's court shall carefully examine the relevant materials transferred by the executing organ. If it is found that the original judgment is indeed wrong, the case originally tried shall be retried in accordance with the procedure of trial supervision, and the appeal of the criminal shall also be reviewed in time. In any of the following circumstances, it shall be handled in accordance with the procedure of trial supervision: there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong; The evidence for determining the amount of penalty crime is not true or sufficient, or it is in contradiction with the main factual basis of the case; The original judgment or ruling was wrong in applying the law. If, after examination, it is found that there is no mistake in the judgment, the people's procuratorate or the people's court shall inform the prison or other executing organ that transferred the materials; If the criminal's complaint is considered unfounded, the complaint may be rejected. During the appeal, the original judgment will never be suspended. According to the provisions of the prison law, the people's procuratorate or the people's court shall, within six months from the date of receiving the handling opinions submitted by the prison and other executive organs, notify the prison and other executive organs that requested the review of the handling results.
To sum up, it is Bian Xiao's relevant answer on how to compensate the court for misjudgment, hoping to help you.
Legal basis:
Article 34 of the State Compensation Law infringes on citizens' right to life and health, and the compensation shall be calculated according to the following provisions: (1) If physical injury is caused, medical expenses and nursing expenses shall be paid, and the income reduced due to absenteeism shall be compensated. The daily compensation for income reduction is calculated according to the average daily salary of employees in the previous year, and the maximum is five times the average annual salary of employees in the previous year; (2) If part or all of the working ability is lost, medical expenses, nursing expenses, living AIDS for the disabled, rehabilitation expenses, other necessary expenses due to disability and expenses necessary for continuing treatment shall be paid, and disability compensation shall be paid. Disability compensation is determined according to the degree and level of disability stipulated by the state, and the maximum is not more than 20 times of the average annual salary of employees in the previous year. If it causes complete loss of working ability, it shall also pay living expenses to the disabled person it supports; (3) If death is caused, death compensation and funeral expenses shall be paid, the total amount of which shall be 20 times of the average annual salary of employees in the previous year. Living expenses shall also be paid to those who were unable to work and were supported by the deceased before his death. The payment standard of living expenses stipulated in items (2) and (3) of the preceding paragraph shall be implemented with reference to the local minimum living standard. If the dependant is a minor, the living expenses shall be paid to the age of eighteen; Other people who are unable to work shall be paid living expenses until their death.