I. Effective time of criminal judgment
After a criminal case is pronounced in the first instance, the appeal period shall be within ten days from the second day when the judgment is served on the party concerned. The validity of the first-instance judgment should be determined during the appeal. If there is no protest during the appeal period, the judgment will take effect on the day after the expiration of the appeal period. If the last day of the appeal period is a holiday, the first day after the holiday is the expiration date. That is to say, under normal circumstances, the appeal period is from the second day to the tenth day after the judgment is served, and the eleventh day is the day when the judgment becomes effective. The tenth day is a holiday, the first day after the holiday is regarded as the tenth day, and the next day is the effective date of the judgment. During the appeal period, if the parties file an appeal or the procuratorial organ protests, the effectiveness of the first-instance judgment will always be pending.
After the second instance of a case, if the original judgment is upheld by the ruling of the second instance, the ruling of the second instance shall be final and take legal effect after being served. On the effective date of the ruling, the effectiveness of the first-instance judgment changes from pending to effective, and the first-instance judgment becomes effective at this time.
Article 230 of the Criminal Procedure Law stipulates that the time limit for appeal and protest against a judgment is ten days, and that for appeal and protest against a ruling is five days, counting from the second day after receiving the judgment or ruling.
Article 244 The judgments and orders of second instance and the Supreme People's Court are final.
Second, the provisions of criminal judgment.
Criminal judgment is a written decision of the people's court to conclude the trial of a criminal case according to the procedures stipulated in the Criminal Procedure Law, and to convict and sentence the defendant according to the facts and evidence ascertained, which is a common one in applied writing.
According to the current laws of our country, criminal judgments can be divided into criminal judgments of first instance and criminal judgments of second instance.
If the defendant refuses to accept the criminal judgment of first instance, he may appeal within ten days from the second day after receiving the judgment; If the people's procuratorate finds that the judgment of first instance is indeed wrong, it shall also lodge a protest with the people's court at the next higher level according to law.
The criminal judgment of the second instance is final, but if the judgment of the second instance is really wrong, the defendant can appeal according to law, and the people's procuratorate can also lodge a protest according to law.
Criminal judgment refers to a legally binding judgment made by the people's court on the crimes committed by the defendant after the trial of a criminal case, based on the facts ascertained and the applicable laws. Criminal judgment shall specify:
(1) Basic information of the defendant, including the defendant's name, gender, age, native place, address, position, previous criminal punishment, date of arrest and detention, etc. ;
(2) the situation of defenders and prosecutors;
The facts, reasons and applicable legal basis of the judgment;
The time limit for judgment and appeal and the court of appeal. Once a criminal judgment becomes legally effective, it is legally binding. For the judgment of first instance, the defendant may appeal to the higher court within 10 days from the date of receiving the judgment.
By hearing the case, the court finally concluded the case and sent it to the criminal judgment. Criminal judgments take effect within a certain period of time, not immediately. Generally, the effective time of a criminal judgment is 10 from the date when the judgment of the first instance is received, and it will take effect from the date when the judgment of the second instance is made. You can appeal if you refuse to accept the judgment after receiving criminal judgment of first instance.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 230 The time limit for an appeal or protest against a judgment is ten days, and that for an appeal or protest against a ruling is five days, counting from the day after the judgment or ruling is received.
Article 244 The judgments and orders of second instance and the Supreme People's Court are final.