Criminal appeal refers to the appeal against the criminal decision made by the people's procuratorate at the end of the lawsuit and the legally effective criminal judgment and ruling (including criminal incidental civil judgment and ruling) of the people's court.
2. Who can lodge a complaint in a criminal case?
The parties, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling.
Parties refer to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in incidental civil actions.
3. Can I appeal at any time?
You can't. A criminal case shall be filed within two years after the execution of the penalty.
If it is possible to acquit the defendant in the original trial, or if the defendant in the original trial refuses to appeal to the people's court within two years after the execution of the penalty, or if it is a difficult, complicated or major case, the two-year appeal period may not be limited.
4. What materials should be submitted for the complaint?
To appeal to the people's court, the following materials shall be submitted:
(1) Petition. The basic information, contact information, facts and reasons of the complaint of the parties shall be stated;
(2) Legal documents such as judgments and rulings of the first and second instance. After review or retrial, the people's court shall attach the notice of rejection, retrial decision, retrial judgment and ruling;
(3) Other relevant materials. If there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, relevant evidential materials shall be attached; To apply to the people's court for investigation and evidence collection, relevant clues or materials shall be attached;
If the complaint does not conform to the provisions of the preceding paragraph, the people's court shall inform the complainant of the supplementary materials; If the complainant refuses to supplement the necessary materials without justifiable reasons, it will not be reviewed.
5. After the court rejected the appeal, can I continue to appeal?
If the complainant refuses to accept the rejection of the appeal, he may appeal to the people's court at the next higher level. If the people's court at the next higher level considers that the complaint does not conform to the provisions of the Criminal Procedure Law, it shall persuade the complainant to withdraw the complaint; Those who still insist on appealing shall be rejected or notified not to retry.
6. What are the conditions for accepting criminal complaints in the Supreme People's Court?
The appeal cases accepted by the Supreme People's Court must be cases that have been examined or retried by the Higher People's Court.
(Complaints against the effective judgments of the grass-roots people's courts and the intermediate people's courts should be submitted to the higher people's court. The Supreme Law does not accept cases that have not been examined or retried by local higher people's courts. )
7. What channels can appeal materials be submitted to the Supreme People's Court (Circuit Court)?
You can submit it on site, by mail, or by logging in to the Supreme People's Court Litigation Service Network (
http://
Submit an application for appointment filing, and notify to mail or submit relevant materials on site after approval.
Only the cases of Beijing-Tianjin-Hebei and Monroe can be appealed to the Supreme Court Headquarters, and cases in other regions should be appealed to the corresponding circuit courts.
For details, please consult the Supreme People's Court 0 10- 12368 litigation service hotline.
8. If the complaint materials are submitted to the Supreme Court, is there anything else to pay attention to?
1. A lawyer who represents a natural person to appeal in the Supreme People's Court needs to bring the original ID card of the client.
2. Never go to the wrong place! The Supreme Court Appeal Center is not located at No.27 Dongjiaomin Lane, Dongcheng District, but at No.316 Hongsi Village, Nanding Road, Xiaocun Bridge, South Fourth Ring Road, Chaoyang District.
3. Bus route: Take subway 10, Line 5 and Yizhuang Line and get off at Songjiazhuang Station, then transfer to Bus No.2 or No.39 and get off at Shuangmiao Station, and walk for 500 meters.
4. Note that the Supreme People's Court and the Litigation Service Center of the Circuit Court are closed to the public every working day. The specific receiving time is attached.
4. After security check, take the number at the number taking machine at the entrance of the hall with your identity certificate, and go to the corresponding registration window according to the broadcast prompt, one table for each case; If there are many situations, it should take the initiative to explain to the applicants; If one person represents multiple cases, a power of attorney for each case shall be issued separately.
5. When filling in the registration form, it should be clear and standardized, and no person or unit may pay for the registration form. The registration form is valid for three months, and can be filled in at the beginning and end of the month.
6. First-time visitors are not allowed to leave at will after submitting the registration form. Otherwise, three calls are not answered, which will be regarded as automatic abandonment of the interview and will not be registered within six months.
7. When a case is tried by a people's court at a lower level, the parties shall reflect their demands to the court that originally tried it.
Nine, the Supreme People's Court (Circuit Court) appeal scope, mailing address and other detailed information.
▲ The picture shows the reception time of the Supreme Court Headquarters.
The Supreme People's Court Headquarters (directly planned: Beijing, Tianjin, Hebei, Shandong, Inner Mongolia)
Address: No.316, Hongsi Village, Nanding Road, Xiaocun Bridge, South Fourth Ring Road, Chaoyang District, Beijing
Reception time: Monday, Tuesday, Thursday and Friday.
No reception on Wednesday, Saturday and Sunday.
8: 00 am-165438+0: 30 pm13: 30 pm-16: 30 pm
Mailing address of application for retrial or appeal materials: Room 4, Registration Service Center of the Supreme People's Court Filing Court, No.9 Beihuashi Street, Dongcheng District, Beijing, with postal code 100062. For on-the-spot inquiries, please go to the Supreme People's Court Litigation Service Hall, No.316, Hongsi Village, Nanding Road, Xiaocun Bridge, South Fourth Ring Road, Chaoyang District, Beijing.
First Circuit Court (circuit areas: Guangdong, Guangxi, Hainan and Hunan)
Address: No.0/036 Hongling Middle Road, Luohu District, Shenzhen, Guangdong Province
Reception time: Monday, Tuesday, Thursday and Friday.
No reception on Wednesday, Saturday and Sunday.
09: 00 a.m. to 04: 00 p.m.
Mailing address of application for retrial or appeal materials: Litigation Service Center of the Supreme People's Court No.1 Circuit Court, Hongling Middle Road 1036, Luohu District, Shenzhen City, Guangdong Province, with postal code of 5 18000.
The Second Circuit Court (circuit areas: Liaoning, Jilin and Heilongjiang)
Address: No.3 Century Road, Hunnan District, Shenyang, Liaoning
Reception time: Monday, Tuesday, Wednesday and Thursday.
No reception on Friday, Saturday and Sunday.
08: 30 am-165438+0: 00 pm
Mailing address of application for retrial or appeal materials: No.3 Century Road, Hunnan District, Shenyang City, Liaoning Province, Supreme People's Law
Litigation Service Center of the Second Circuit Court, zip code 1 10 179.
The Third Circuit Court (circuit areas: Jiangsu, Shanghai, Zhejiang, Fujian and Jiangxi)
Address: No.88 Puzhu North Road, Pukou District, Nanjing, Jiangsu
Reception time: Monday, Tuesday, Wednesday and Thursday.
No reception on Friday, Saturday and Sunday.
08: 30 am-165438+0: 30 pm14: 30 am-17: 30 pm.
Mailing address of application for retrial or appeal materials: Litigation Service Center of the Supreme People's Court Third Circuit Court, No.88 Puzhu North Road, Pukou District, Nanjing, Jiangsu Province, with postal code of 2 1003 1.
Fourth Circuit Court (circuit areas: Henan, Shanxi, Hubei, Anhui)
Address: No.33 Boxue Road, intersection of Baifo Road and Boxue Road, Zhengdong New District, Zhengzhou City, Henan Province
Reception time: Monday, Wednesday and Thursday all day, Tuesday and Friday morning reception.
No reception on Tuesdays and Fridays, no reception all day on Saturdays and Sundays.
08: 30 am-165438+0: 00 pm
Mailing address of application for retrial or appeal materials: Litigation Service Center of the Supreme People's Court Fourth Circuit Court, No.33 Boxue Road, intersection of Baifo Road and Boxue Road, Zhengdong New District, Zhengzhou City, Henan Province, 430070.
Fifth Circuit Court (circuit areas: Chongqing, Sichuan, Guizhou, Yunnan, Tibet)
Address: East of Women's Building, No.408 Panxi Road, Jiangbei District, Chongqing (Lion Mountain Sports Park)
Reception time: Monday, Tuesday, Wednesday and Thursday.
No reception on Friday, Saturday and Sunday.
09: 00 am-65438+02: 00 pm-65438+04: 00 pm-07: 00 pm
Mailing address of application for retrial or appeal materials: Litigation Service Center of the Supreme People's Court Fifth Circuit Court, east of Women's Mansion (Lion Mountain Sports Park), No.408 Panxi Road, Jiangbei District, Chongqing, with postal code of 40002 1.
Sixth Circuit Court (circuit areas: Shaanxi, Gansu, Qinghai, Ningxia and Xinjiang)
Address: Building B, Shen Guang Building, No.389 Aerospace Middle Road, Aerospace Base, Chang 'an District, Xi 'an, Shaanxi.
Reception time: Monday, Tuesday, Wednesday and Thursday.
No reception on Friday, Saturday and Sunday.
08: 30 am-165438+0: 30 pm14: 00 am-16: 30 pm.
Mailing address of application for retrial or appeal materials: Litigation Service Center of the Supreme People's Court Sixth Circuit Court, Block B, Shen Guang Building, No.389 Aerospace Middle Road, Aerospace Base, Chang 'an District, Xi 'an City, Shaanxi Province, with postal code of 7 10700.
X. how to pay legal fees to the circuit court?
Within seven days after receiving the notice of payment from the Circuit Court, the Supreme People's Court shall be paid the case acceptance fee in advance. If it is not paid in advance at the expiration of the period, it shall be handled as withdrawal.