1. Prepare an appeal and submit it to the appeal window of the court of first instance within 15 days from the date of receiving the judgment of first instance;
2. After being accepted by the court of first instance, the appeal and all materials of first instance shall be handed over to the court of second instance;
3. After receiving it, the court of second instance will arrange a court session and issue a summons to the appellant and the appellee;
4. If there are legal fees in the first instance, the appeal fee shall be paid at the same time as the appeal is filed.
Appeal refers to the activities of the parties who declare their dissatisfaction with the first-instance judgment or ruling of the people's court that has not yet taken legal effect and apply to the people's court at the next higher level for retrial within the statutory time limit. When trying an appeal case, the people's court of second instance shall conduct a comprehensive review of the facts ascertained in the judgment of first instance and the applicable law, and shall not be limited by the grounds and scope of appeal.
In criminal appeal cases, the people's court of second instance shall not aggravate the defendant's punishment. In criminal proceedings, in order to protect the parties' right of appeal, the law clearly stipulates the system of no additional punishment on appeal. That is, in the second trial procedure, the worst result obtained by the parties is to uphold the original judgment, and the second trial will not aggravate their punishment.
Article 231 of the Criminal Procedure Law of People's Republic of China (PRC), if the defendant, the private prosecutor, the plaintiff and the defendant in an incidental civil action appeal through the people's court that tried the case, the people's court that tried the case shall, within three days, transfer the appeal together with the case file and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party. If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall send the appeal to the people's court that originally tried the case within three days, and send a copy to the people's procuratorate at the same level and the other party.
Article 234 When trying the following cases, the people's court of second instance shall form a collegial panel:
(a) the defendant, the private prosecutor and his legal representative raised objections to the facts and evidence ascertained in the first instance, which may affect the conviction and sentencing;
(2) An appeal case in which the defendant was sentenced to death;
(3) Cases protested by people's procuratorates;
(4) Other cases that should be heard in court.
If the people's court of second instance decides not to hold a hearing, it shall interrogate the defendant and listen to the opinions of other parties, defenders and agents ad litem. The people's court of second instance may hear an appeal or protest case in the place where the case occurred or in the people's court that originally tried the case.