最高人民检察院发布第六十三批指导性案例，共5件，均为最高检提出抗诉的疑难复杂刑事再审案件[1]。这批案例涵盖抢劫、故意杀人、强奸、运输毒品等罪名，重点聚焦事实认定、证据采信和证据审查判断方面的疑难复杂问题，提炼规则16条[1]。
案例既包括无罪抗有罪的情形，也包括有罪抗无罪的情形，多为颠覆性改判[1]。其中，辛某故意杀人再审抗诉案属无罪抗死缓的案件，谭某义故意杀人、强奸再审抗诉案属死缓抗无罪的案件[1]。最高检重大犯罪检察厅负责人表示，要强化证据裁判原则，提高证据审查运用能力[1]。此举充分体现了检察机关客观公正的立场和维护司法公正的决心[1]。
The Supreme People's Procuratorate has released its 63rd batch of guiding cases, comprising five difficult and complex criminal retrial cases in which the procuratorate filed protests [1]. The cases encompass charges including robbery, intentional homicide, rape, and drug trafficking, with focus on complex issues in fact-finding, evidence acceptance, and evidence examination and judgment [1]. The batch distills 16 rules and reflects the procuratorate's objective and impartial stance as well as its commitment to safeguarding judicial justice [1].
The cases demonstrate a range of protest outcomes, including both acquittal protests against guilty verdicts and guilt protests against acquittals, with many resulting in overturning judgments [1]. Among them, the retrial protest case of Xin in an intentional homicide matter represents an acquittal protest against a suspended death sentence, while the retrial protest case involving Tan in an intentional homicide and rape matter represents a suspended death sentence protest against an acquittal [1]. A responsible official from the Supreme Procuratorate's Major Crimes Investigation Department stated that the procuratorate must strengthen the principle of evidence-based judgment and enhance capabilities in evidence examination and application [1].