The relevant provisions for criminal complaints mainly include the Criminal Procedure Law and the Interpretation of the Supreme People's Court on Several Issues Concerning Enforcement.
1. Complaint subject
The parties, their legal representatives, and close relatives may lodge a complaint with the People's Court or the People's Procuratorate against the legally effective judgment or ruling of the People's Court, but The execution of judgments and rulings cannot be suspended.
If the parties, their legal representatives, and close relatives directly appeal to the superior people's court, the superior people's court may transfer the case to the original people's court for review and handling.
2. Acceptance of Complaints
1. Appeals shall be reviewed and handled by the People's Court of Final Appeal. However, in a case in which the second-instance People's Court has ruled to allow the appeal to be withdrawn, if the complainant is dissatisfied with the first-instance judgment and appeals, the appeal may be reviewed and handled by the first-instance People's Court. If the People's Court at the next higher level considers that the complaint does not comply with the provisions of Article 253 of the Criminal Procedure Law and Article 457, Paragraph 2 of this Interpretation, it shall persuade the complainant to withdraw the complaint; if the complaint still persists, it shall be dismissed or The notice will no longer be reviewed.
2. The People's Court shall exclude evidence collected in violation of legal procedures and evidence collected in violation of legal procedures. The collection of physical evidence and documentary evidence does not comply with legal procedures and may seriously affect judicial fairness and should be excluded; if the physical evidence and documentary evidence collected does not comply with legal procedures and may affect the fair handling of the case and cannot be corrected or a reasonable explanation can be given, it cannot be excluded and may be combined with Draw conclusions based on other evidence in the case.
Three. Criminal trial supervision procedures
1. If the People’s Court decides to retry a case and requires compulsory measures to be taken against the defendant, the People’s Court shall decide in accordance with the law; if the People’s Procuratorate protests a retrial case and requires compulsory measures to be taken against the defendant , decided by the People’s Procuratorate in accordance with the law. If the People's Court decides to retry a case and requires compulsory measures against the defendant, the People's Court shall decide in accordance with the law; if the People's Procuratorate protests a retrial case and requires compulsory measures against the defendant, the People's Procuratorate shall decide in accordance with the law.
2. The people's court may decide to suspend the execution of the original judgment or ruling in cases heard in accordance with trial supervision procedures.
To sum up, the relevant provisions of criminal appeals include that for judgments and rulings that have become legally effective, appeals can be made to the court or procuratorate, and the superior court can transfer the appeal to the court of first instance for review and processing. In terms of accepting complaints, the court should exclude evidence collected in violation of legal procedures and stipulate the relevant content of the criminal trial supervision procedure. These regulations are intended to protect the legitimate rights and interests of the parties and maintain judicial fairness.
Legal basis:
Article 254 of the "Criminal Procedure Law": The president of the people's court at any level discovers that the court's legally effective judgment or ruling is erroneous , has the right to submit it to the judicial committee of this court for discussion and decision; the Supreme People's Court has the right to remand or instruct the lower people's court to retry the legally effective judgments and rulings of the local people's courts at all levels. If the higher people's court finds that there is an error, it has the right to Send the case back or instruct the people's court at the lower level to try it again.