Provisions of the People's Procuratorate on Handling Criminal Appeal Cases

If a criminal case is appealed, it is necessary to appeal to the people's court that made the effective judgment, and submit the complaint, the original judgments and rulings of the first and second instance and other legal documents and other relevant materials.

The criminal appeal cases under the jurisdiction of the People's Procuratorate are as follows:

(a) refuses to accept the appeal of the people's procuratorate's decision not to approve the arrest because the suspect has no criminal facts or conforms to the provisions of Article 15 of the Criminal Procedure Law of People's Republic of China (PRC);

(2) Appeals against the decision of the people's procuratorate not to prosecute;

(3) Appeals against the people's procuratorate's decision to cancel the case;

(4) Appeals against criminal decisions of people's procuratorates to terminate other lawsuits;

(5) Appeals against legally effective criminal judgments or orders of the people's courts, unless otherwise provided for in these Provisions.

First, how to appeal against the decision not to sue?

The way to appeal against the decision not to prosecute is to appeal to the people's procuratorate at the next higher level of the people's procuratorate that made the decision not to prosecute within seven days after receiving the decision, and the people's procuratorate at the next higher level shall file a case for review. If the victim makes a complaint to the people's procuratorate that made the decision not to prosecute, the people's procuratorate that made the decision shall transfer the complaint materials together with the case file to the people's procuratorate at the next higher level for acceptance.

Second, how to deal with the general decision to arrest?

If a criminal suspect refuses to accept the arrest decision, he may apply to the procuratorate for reconsideration or directly to the people's procuratorate at the next higher level for review.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Provisions of the People's Procuratorate on Examining Criminal Appeal Cases Article 6 The criminal appeal procuratorial department of the People's Procuratorate has jurisdiction over the following criminal appeals:

(a) refuses to accept the appeal of the people's procuratorate's decision not to approve the arrest because the suspect has no criminal facts or conforms to the provisions of Article 15 of the Criminal Procedure Law of People's Republic of China (PRC);

(2) Appeals against the decision of the people's procuratorate not to prosecute;

(3) Appeals against the people's procuratorate's decision to cancel the case;

(4) Appeals against criminal decisions of people's procuratorates to terminate other lawsuits;

(5) Appeals against legally effective criminal judgments or orders of the people's courts, unless otherwise provided for in these Provisions.