Second instance procedure of criminal appeal cases

The process of criminal second instance is that the defendant, private prosecutor, plaintiff in incidental civil action and defendant appeal through the people's court hearing the case. The people's court hearing the case shall, within three days, transfer the appeal together with the case file and evidence to the people's court at the next higher level, and at the same time, send a copy of the appeal to the people's procuratorate at the same level and the other party.

First, the difference between criminal cases and civil cases:

1 belongs to different legal fields. Civil cases are cases arising from the violation of civil laws, which are generated in the civil field. Criminal cases violate the criminal law and arise in the criminal field;

2. Different topics are involved. The parties to a civil case are the parties to a dispute, that is, the parties are equal subjects. In a criminal case, one of the two parties is the national public prosecution agency, the other is the perpetrator, and the victim is not the plaintiff.

3. The legal consequences are different. In civil cases, the parties are free to dispose of their rights, such as giving up the right to claim compensation, but in criminal cases, the victim is not allowed to give up the criminal responsibility of pursuing the offender, but he can also give up the civil liability for compensation;

4. The status of judges is different. Judges in criminal cases are more active than judges in civil cases.

Second, the difference between criminal cases and administrative cases:

1, the cause of the case is different. Administrative cases arising from administrative management or violation of administrative regulations; Criminal cases are caused by violation of criminal law;

2. The target behavior is different from the applicable object. Administrative violation in administrative cases: an act that has not yet constituted a crime. Criminal cases are aimed at acts that violate the criminal law and constitute crimes;

3. The legal basis for handling cases is different. Administrative laws, administrative regulations, departmental rules, local regulations and government rules shall apply to administrative cases. Criminal cases are governed by criminal norms in criminal law and special law;

4. The trial procedures of cases are different. The basis for hearing administrative cases is the administrative procedure law and judicial interpretation; The basis for hearing criminal cases is the criminal procedure law and the corresponding judicial interpretation;

5. The parties to a case are different. The parties to an administrative case include the plaintiff, the defendant and the third party; The parties to a criminal case include the defendant, the prosecutor of the investigation organ, the examination and prosecution organ and the victim;

6. The court handling the case is different. Administrative cases are handled by administrative courts and criminal cases are handled by criminal courts.

Legal basis: 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.