First, is there a time limit for criminal cases?
There is a certain time limit for the parties to a criminal case to apply for a complaint.
If the complainant in a criminal case files a complaint within two years after the execution of the penalty, the people's court shall accept it; If the complaint time exceeds two years, it shall be accepted under any of the following circumstances:
(1) The defendant in the original trial may be acquitted;
(2) The defendant in the original trial filed a complaint with the people's court within the time limit stipulated in this article, and the people's court refused to accept it;
(3) Difficult, complicated or major cases.
If it does not conform to the provisions of the preceding paragraph, the people's court shall not accept it.
A case retried by the court in accordance with the procedure of trial supervision shall be concluded within three months from the date when the decision on remanding and retrial is made. If it needs to be extended, the time limit shall not exceed six months.
The court accepting the protest shall hear the protest case in accordance with the procedure of trial supervision, and the time limit for hearing shall be governed by the provisions of the preceding paragraph; If it is necessary to instruct the lower court to retry, it shall make a decision within one month from the date of accepting the protest, and the time limit for hearing by the lower court shall be governed by the provisions of the preceding paragraph.
Second, how to handle complaints
According to the provisions of the Criminal Procedure Law, the parties concerned, their legal representatives and close relatives may lodge their complaints with the people's court or the people's procuratorate. According to the relevant provisions of the Interpretation of the Supreme People's Court, appeals are generally accepted and examined by the people's court that has made a legally effective judgment or ruling. If an individual directly appeals to the people's court at a higher level, the people's court at a higher level may transfer the case to the people's court for examination, and if the people's court has made a legally effective judgment or ruling, it shall inform the complainant; If the case is difficult, complicated or significant, or the people's court that has made a legally effective judgment or ruling still insists on appealing, the people's court at a higher level may directly accept and examine it, and the people's court at a lower level may also request that it be transferred to the people's court at a higher level for examination and handling.
Among them, the people's court of second instance may refer the appeal against the judgment of the people's court of first instance to the people's court of first instance for examination. After examination, the people's court of first instance shall write an examination report, put forward handling opinions and report it to the people's court of second instance for examination and approval. Appeals against cases in which the Supreme People's Court approved the death penalty or authorized a higher people's court to approve the death penalty can be handled directly by the people's court that originally approved it, or submitted to the people's court that originally tried it for review. The people's court that originally tried the case shall write a review report, put forward opinions on handling it, and report it to the people's court that originally approved it step by step for examination and approval. Complaints examined and handled by the people's court of first instance, complaints directly handled by the people's court at a higher level and complaints transferred to the people's court at a lower level shall be filed. After accepting the appeal, the people's court shall make a decision within 3 months, not later than 6 months.
According to the provisions of the Criminal Procedure Law, the prerequisite for starting the trial supervision procedure is that the legally effective judgment or ruling is indeed wrong. Because the parties, their legal representatives and close relatives have a direct interest in the outcome of the case, this determines that their complaints may or may not be correct. Therefore, in order to fully protect the parties' right to appeal, enable the judicial organs to uniformly understand, master and implement the standards that are indeed wrong, and ensure that the legitimate appeal can lead to the result of retrial, Article 204 of the Criminal Procedure Law clearly stipulates the reasons for appeal. After accepting the appeal materials, the people's court shall carefully examine them. If one of the following legal grounds for appeal is met, a retrial shall be conducted in accordance with the procedure of trial supervision:
(1) There is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong;
(2) The evidence on which conviction and sentencing are based is not true or sufficient, or there are contradictions between the main evidences proving the facts of the case;
(3) The application of the law in the original judgment or ruling is indeed wrong;
(4) When trying this case, the judge embezzled and accepted bribes, practiced favoritism and perverted the law. After examination, the people's court considers that the complaint does not meet the above conditions, and shall persuade the complainant to withdraw the complaint; If you still insist on the complaint, you will be notified in writing to dismiss the complaint. 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 reprimand does not conform to the provisions of Article 204 of the Criminal Procedure Law, it shall reject it. If there is no new sufficient reason for the complaint filed after being handled by the people's courts at two levels, the people's courts may not accept it.
The right of appeal is a basic right given to citizens by our constitution. It refers to the citizen's right to lodge a complaint with the state organ and ask for a new handling of the official handling behavior of any state organ and its staff who violate their legitimate rights and interests. Criminal appeal is the concrete embodiment of this right of appeal in criminal proceedings.
The criminal appeal under the jurisdiction of the people's procuratorate refers to the appeal against the criminal decision of the people's procuratorate to terminate the lawsuit and the legally effective criminal judgment and ruling of the people's court (including criminal incidental civil judgment and ruling). Those who are qualified as the subject of criminal appeal are the parties to the original case and their legal representatives and close relatives; The entrusted lawyer can also represent the complaint.
The right of appeal is a basic right given to citizens by our constitution. It refers to the citizen's right to lodge a complaint with the state organ and ask for a new handling of the official handling behavior of any state organ and its staff who violate their legitimate rights and interests. Criminal appeal is the concrete embodiment of this right of appeal in criminal proceedings.