In order to facilitate the complainant in criminal cases to appeal according to law, according to the Criminal Procedure Law of People's Republic of China (PRC) and the the Supreme People's Court on the application of
Interpretation "and other provisions, the relevant matters are hereby notified as follows:
1. Who can complain?
The parties and their legal representatives and close relatives (spouse, children, parents; Brothers and sisters), you can apply to the people's court for a legally effective judgment or ruling.
If an outsider believes that a legally effective judgment or ruling infringes upon his lawful rights and interests, he may also lodge a complaint. An appeal can be entrusted to a lawyer.
Two, the complaint should be submitted to the people's court at which level?
When appealing against a criminal judgment or ruling that has entered into force, the complainant shall first appeal to the people's court that made the effective judgment. After the complaint is rejected, you can appeal to the people's court at the next higher level.
When a case is reviewed or retried by a higher people's court, the parties concerned may appeal to the Fourth Circuit Court of the Supreme People's Court, except for cases that are terminated according to law.
3. What materials should be submitted for the complaint?
1 petition. The basic information, contact information, facts and reasons of the complaint of the parties and the complainant shall be clearly stated.
2, the original first instance, second instance judgment, ruling and other legal documents. 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; When applying for investigation and evidence collection, the people's court shall attach relevant clues or materials.
If it 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.
Four, the original criminal judgment and ruling correctly handle the case.
After examination by the people's court, the complainant shall be persuaded to accept the judgment appeal. If the complaint still exists, it should be rejected or notified not to try again.
Five, the criminal case appeal filing and retrial filing are the same.
The complainant appeals to the people's court, and the people's court appeals to criminal cases that meet the appeal conditions.
The filing of the complaint means that the case has entered the review stage. After examination, if it meets one of the retrial conditions stipulated in Article 242nd of the Criminal Procedure Law, the case will be put on file for retrial and enter the retrial procedure.
Six, for the people's court decided to retry the case, during the retrial, whether to stop the execution of the original judgment or ruling?
If the people's court decides to retry a case, the execution of the original judgment or ruling will not be stopped during the retrial, but the defendant may be acquitted after the retrial, or the original sentence may be reduced until the expiration of the sentence, it may decide to stop the execution of the original judgment or ruling, and if necessary, the defendant may be released on bail pending trial and placed under residential surveillance.