The steps, ways and methods that the people's court should follow when trying the facts identified in the judgments and rulings that have not yet taken legal effect and the applicable laws. It is an independent litigation stage in criminal proceedings.
Appeals can be made by appeal or orally. According to the provisions of the Criminal Procedure Law, the appellant can appeal through the people's court of first instance or directly to the people's court of second instance.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 185 Local people's procuratorates at various levels must lodge a protest when they consider that the judgment or ruling of the people's court at the same level is indeed wrong and decide to protest. The protest shall be lodged through the people's court that originally tried the case and copied to the people's procuratorate at the next higher level. After receiving the protest, the court of first instance shall transfer the protest together with the case file and evidence to the people's court at the next higher level and send a copy of the protest to the parties. The people's procuratorate at a higher level shall, after careful examination, decide whether to protest.
Article 186 The people's court of second instance shall conduct a comprehensive trial of the facts ascertained in the judgment of first instance and the applicable laws.
Not limited by the scope of appeal or protest. * * * If only some defendants appeal in the same criminal case, the whole case shall be examined and handled together.