According to the Criminal Procedure Law of People's Republic of China (PRC):
Article 23 1
If the defendant, private prosecutor, plaintiff and defendant in incidental civil action appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal together with case files and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party. ?
If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall send the appeal to the people's court that originally tried the case within three days, and send a copy to the people's procuratorate at the same level and the other party.
Article 232
Local people's procuratorates at all levels shall lodge a protest against the judgment or ruling of first instance of the people's court at the same level through the people's court that originally tried the case, and send a copy of the protest to the people's procuratorate at the next higher level.
The people's court that originally tried the case shall transfer the protest together with the case file and evidence to the people's court at the next higher level and send a copy of the protest to the parties. If the people's procuratorate at a higher level thinks that the protest is improper, it may withdraw the protest from the people's court at the same level and notify the people's procuratorate at a lower level.
Article 233
The people's court of second instance shall conduct a comprehensive review of the facts ascertained in the judgment of first instance and the applicable laws, and shall not be limited by the scope of appeal or protest. * * * If only some defendants appeal in the same criminal case, the whole case shall be examined and handled together.
Extended data:
According to the Supreme People's Court's explanation on the application of the Criminal Procedure Law of People's Republic of China (PRC):
Article 303
If the appellant directly appeals to the people's court of second instance, the people's court of second instance shall submit the appeal to the people's court of first instance within three days after receiving the appeal. The people's court of first instance shall examine whether the appeal complies with the law.
Those who meet the statutory requirements shall, within three days after receiving the appeal, transfer the appeal together with the case files and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party.
Article 304
If the appellant requests to withdraw the appeal within the appeal period, the people's court shall allow it.
Article 305
When the appeal period expires and the appellant requests to withdraw the appeal, the people's court of second instance shall examine it. If, after examination, it is considered that the facts ascertained in the original judgment and the applicable law are correct and the sentence is appropriate, the ruling allows the withdrawal of the appeal; It is considered that the facts of the original judgment are unclear, the evidence is insufficient, or there are circumstances such as acquittal and heavy sentence for misdemeanor. , shall not be allowed and continue to hear according to the appeal case. ?
The defendant who was sentenced to immediate execution of the death penalty filed an appeal before the verdict was pronounced in the second instance, and if he applied to withdraw his appeal, it would not be allowed and the case would continue to be tried.
Article 306
Local people's procuratorates at various levels shall lodge a protest against the judgment or ruling of first instance of the people's court at the same level through the people's court of first instance. The people's court of first instance shall, within three days after the expiration of the protest, transfer the protest together with the case files and evidence to the people's court at the next higher level, and send a copy of the protest to the parties.
Article 307
If the people's procuratorate withdraws its protest during the protest, the people's court of first instance will not transfer the case to the people's court at the next higher level; If the protest period expires and the people's court of second instance withdraws the protest before pronouncing the judgment, the people's court of second instance may rule to allow it and notify the people's court of first instance and the parties.
Article 308
If the appeal or protest is withdrawn before the expiration of the appeal or protest, the judgment or ruling of first instance shall take effect from the date of expiration of the appeal or protest. If the period of appeal or protest expires and the people's court of second instance decides to allow the withdrawal of the appeal or protest, the judgment or ruling of first instance shall take effect from the date when the ruling of second instance is served on the appellant or the protest organ.
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law
Baidu Encyclopedia-the Supreme People's Court's Report on the Application of the Criminal Procedure Law of People's Republic of China (PRC)