Is there a good chance of a retrial in the Lin Shengbin case?
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 259 Judgments and orders shall be executed after they become legally effective.
The following judgments and rulings take legal effect:
(a) there is no appeal or protest judgment or ruling within the statutory time limit;
(2) Final judgment and ruling;
(three) the death penalty approved by the Supreme People's Court and the death penalty approved by the Higher People's Court are suspended for two years.
Article 260 The people's court of first instance ruled that the defendant was innocent and exempted from criminal punishment. If the defendant is in custody, he shall be released immediately after the verdict is pronounced.
Article 264 If a criminal is committed for execution, the people's court that committed him for execution shall, within 10 days after the judgment takes effect, serve the relevant legal documents to the public security organs, prisons or other executing organs.
Criminals sentenced to death with a two-year suspension of execution, life imprisonment or fixed-term imprisonment shall be put into prison by public security organs for execution according to law. If the remaining sentence of a criminal sentenced to fixed-term imprisonment is less than three months before delivery for execution, the detention center shall execute it on his behalf. A criminal sentenced to criminal detention shall be executed by a public security organ.
Juvenile delinquents should be punished in juvenile reformatory.
The executing organ shall take the prisoner into custody in time and notify the prisoner's family.
A criminal sentenced to fixed-term imprisonment or criminal detention shall be issued a release certificate by the executing organ after the expiration of his execution.