The appeal period of criminal cases only takes effect after the expiration of the appeal period when neither party has appealed. Criminal judgment within ten days after the delivery of the judgment; The criminal ruling shall be made within five days after the written ruling is served. The time limit is calculated from the second day after the document is served. The date of receipt of the judgment or ruling by both parties may be different, and the appeal period shall be counted from the day after their respective receipt of the judgment or ruling. If the last day of the expiration of the period falls on a legal holiday, the expiration date of the period shall be the first working day after the legal holiday. If the appellant is a citizen, it shall be signed by the appellant himself, and if the appellant is a unit or other organization, it shall be stamped with the official seal.
How to appeal in criminal cases
(1) conditions for appeal
1, subject qualification is required. In other words, you must be a party to the case to appeal.
2. Only the judgment or ruling of the court of first instance can be appealed, and the judgment made by the court cannot be appealed. Among them, there are three kinds of rulings that can be appealed: inadmissibility, dismissal of prosecution and adjudication of objection to jurisdiction.
The appeal must be filed within the time limit prescribed by law.
(2) Time limit for appeal
After the court of first instance made a judgment, the judgment did not take effect immediately. It will take effect only if neither party has appealed and the appeal period expires.
At the end of the judgment made by the people's court, the time limit for appeal was clearly informed. Criminal judgment within ten days after the delivery of the judgment; The criminal ruling shall be made within five days after the written ruling is served. The time limit is calculated from the second day after the document is served. The date of receipt of the judgment or ruling by both parties may be different, and the appeal period shall be counted from the day after their respective receipt of the judgment or ruling. If the last day of the expiration of the period falls on a legal holiday, the expiration date of the period shall be the first working day after the legal holiday.
(3) Appeal
To file an appeal, an appeal must be submitted. The main contents of the appeal include: the basic information of the appellant and the appellee; Appeal request; Reasons for appeal, etc. If the appellant is a citizen, it shall be signed by the appellant himself, and if the appellant is a unit or other organization, it shall be stamped with the official seal.
(4) An appeal from the Court of Appeal shall be submitted to the court next above the Court of First Instance. You can also appeal through the court of first instance.
legal ground
Article 227 of the Criminal Procedure Law of People's Republic of China (PRC).
Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant. The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels. The defendant shall not be deprived of the right to appeal under any pretext.