Can the procuratorate lodge a protest with the court?
Subjectivity of law: In which cases can the people's procuratorate lodge a protest against the legally effective judgments and rulings of the people's courts at all levels in the Supreme People's Procuratorate, and the people's procuratorate at a higher level has the right to lodge a protest against the legally effective judgments and rulings of the people's courts at lower levels if it finds that there are indeed mistakes, in accordance with the trial supervision procedures. Article 254 of the Criminal Procedure Law If the presidents of people's courts at all levels find errors in ascertaining facts or applying laws in legally effective judgments and rulings of their own courts, they must submit them to the judicial committee for handling. The Supreme People's Court has the right to send back or instruct the people's courts at lower levels to retry the legally effective judgments and rulings of the people's courts at all levels. If the people's courts at higher levels find that there are indeed mistakes, they have the right to send back or instruct the people's courts at lower levels to retry. The Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision if it finds that the legally effective judgment or ruling of the people's court at all levels is wrong, and the people's procuratorate at a higher level has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision. When a people's procuratorate protests a case, the people's court that accepts the protest shall form a collegiate bench for retrial. If the facts of the original judgment are unclear or the evidence is insufficient, the people's court at a lower level may be ordered to retry. Legal objectivity: Article 228 of the Criminal Procedure Law of People's Republic of China (PRC). Local people's procuratorates at various levels shall lodge a protest with the people's court at the next higher level when they think that the judgment or ruling of the people's court at the same level is indeed wrong. Article 229 of the Criminal Procedure Law of People's Republic of China (PRC), if the victim or his legal representative refuses to accept the judgment of first instance of the local people's courts at all levels, he has the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the request.