What are the appeal procedures and methods for criminal cases?
What are the appeal procedures and methods for criminal cases? 1, the complaint can be written or oral. Oral appeals should be recorded. 2. An appeal can be made through the people's court that originally tried the case, or directly to the people's court at the next higher level. (1) If an appeal is filed through the people's court of first instance, the people's court of first instance shall examine whether the appeal complies with the law. According to the law, the appeal should be transferred to the people's court at the next higher level together with the files and evidence within three days after the expiration of the appeal period, and a copy of the appeal should be sent to the procuratorate at the same level and the other party. (2) If an appeal is lodged directly with 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 procuratorate at the same level and the other party. 3. The contents of the appeal shall include: the document number of the judgment and ruling of the first instance and the time when the appellant received it; The name of the court of first instance; The request and reasons for the complaint; Time for filing an appeal; Signature or seal of the appellant. If the defendant's defender or close relatives appeal with the consent of the defendant, they shall also explain the relationship between the appellant and the defendant and regard the defendant as the appellant. 4. If the appellant requests to withdraw the appeal during the appeal, it shall be allowed. Whether to file an appeal or not shall be subject to the last expression of intention expressed before the expiration of the appeal period. 5. Upon the expiration of the appeal period, if the appellant requests to withdraw the appeal, it shall be examined by the people's court of second instance. If the facts identified in the original judgment and the applicable law are correct and the sentence is appropriate, the ruling allows the withdrawal of the appeal; If the facts of the original judgment are unclear and the evidence is insufficient, or if the verdict is not guilty or the misdemeanor is severely sentenced, the appeal shall not be withdrawn and the trial shall be conducted in accordance with the appeal procedure. The parties applying for appeal 1 and incidental civil action and their legal representatives may appeal against the incidental civil action judged and ruled by our court in the first instance, and shall not deprive the defendant of the right of appeal under any pretext. 2. The time limit for appeals and protests against the judgment is ten days, and the time limit for appeals and protests against the ruling is five days, counting from the second day after receiving the judgment or ruling. 3. If the victim or his legal representative refuses to accept the judgment of first instance, he has the right to request the people's procuratorate at a higher level to lodge a protest within five days after receiving the judgment. 4. The people's court of second instance shall not aggravate the defendant's punishment when hearing the case appealed by the defendant, his legal representative, defender and close relatives. To sum up, anyone who refuses to accept the appeal can appeal, but it must be effective within the prescribed time and there must be legal evidence before the court will accept the trial again. Therefore, there are certain procedures for appeal, and the procedures prescribed by law must be followed, so that the appeal will be successful.