Hello, what is the procedure for filing an appeal in a criminal case? You can have a look at the following. First, the time for lodging a complaint. (1) If the complainant in a criminal case files a complaint within two years after the execution of the penalty, the people's court shall accept it. (2) If the complaint has been filed for more than two years, it shall be accepted under any of the following circumstances: ① The defendant in the original trial can be acquitted; (2) the defendant in the original trial filed a complaint with the people's court within the prescribed time limit, and the people's court refused to accept it; ③ It is a difficult, complicated and major case. First, the subject of the complaint, that is, who has the right to lodge a complaint. Article 203 of China's Criminal Procedure Law stipulates: "The parties and their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling." The subject of the complaint can only be the parties and their legal representatives and close relatives. Close relatives refer to brothers and sisters of husbands, wives, fathers, mothers and compatriots. It should be noted that appeal is different from appeal. Appeal means that close relatives can appeal only with the consent of the defendant, but they have an independent right of appeal, and they don't need the consent of the defendant when appealing. Third, the jurisdiction of the complaint, that is, the correct subject of the complaint should submit the complaint to which department. Appeals against effective criminal judgments are under the jurisdiction of people's courts and people's procuratorates, that is, appeals against effective criminal judgments can be filed with people's courts or people's procuratorates. The people's procuratorate's appeal against the legally effective criminal judgment or ruling of the people's court shall be accepted by the appeal department in accordance with the law and the division of business. The scope of acceptance of appeal cases is as follows: 1. The criminal prosecution department has jurisdiction over the appeal against the judgment or ruling of the people's court of first instance. 2. The prison procuratorial department has jurisdiction over the appeal that the defendant and his family members refuse to accept the legally effective criminal judgment or ruling of the people's court and are still in execution. 3. The appeal procuratorial department has jurisdiction over appeals against criminal judgments and rulings that have been executed by the people's courts and appeals against criminal judgments and rulings that have taken legal effect but are still being executed by the people's courts. Fourthly, the formal requirement of appeal is 1. There must be a complaint against the effective criminal judgment; 2. There is an effective criminal judgment and its relevant effective legal documents; 3. The complaint must be proved by relevant evidence: (1) There is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong. New evidence refers to the evidence that has not been collected during the trial and is enough to affect the final judgment and sentencing; (2) Evidence to prove that the evidence on which the case is finalized and sentenced is not true and sufficient, or that there is contradiction between the main evidence to prove the facts of the case. (3) Evidence to prove that the original judgment or ruling was wrong in applying the law. (4) Evidence to prove that the judges have committed acts of corruption, bribery, favoritism, and perverting the law in the trial of cases. (5) Evidence to prove that the trial procedure is illegal and affects the notarization judgment and ruling of the case. The above contents are supplemented in detail as follows: (1). In the above (2), "the evidence on which conviction and sentencing are based is inaccurate and insufficient" means: ① the main evidence on which the original judgment and ruling are based is false; (2) The indirect evidence of the main facts of the case cannot form a complete chain of evidence; (3) The evidence not adopted is sufficient to overturn the original conviction and sentencing; (4) Evidence proving that the specific act of the state administrative organ on which the original judgment or ruling is based has been changed or revoked according to law; Among them, "there is a contradiction between the main evidence to prove the facts of the case" means: ① the evidence identified by the defendant or the defendant's unit is contradictory; (2) The evidence confirming the facts of the case is contradictory; (3) The evidence identifying the nature of the defendant or the defendant's unit is contradictory. (2) The term "the applicable law is indeed wrong" in the above (3) means: ① the cited legal provisions are wrong; (two) the application of invalid laws; (3) Violation of the provisions of the law on resilience. (3) The "illegal procedure" in (5) above refers to: ① the organization of the trial is illegal; (2) The evidence is illegally obtained or the main evidence has not been cross-examined; (3) depriving or restricting the legal litigation rights of the parties; (four) the hearing should be held in public according to law, but there is no public hearing; (five) other serious violations of legal procedures. If it is really difficult for me to write an oral complaint, the receptionist should make a good record and have the complainant's signature or seal. After receiving a criminal complaint, the people's procuratorate should fill in the Registration Form for Handling Criminal Complaints, review the complaint materials in time, and handle them separately: (1) The criminal complaint that is not under the jurisdiction of our hospital should be transferred to the competent people's procuratorate or the relevant department for handling within three days, and the complainant should be notified; (2) For criminal complaints that need to be filed for examination, the undertaker shall make a report on filing for examination of criminal complaints and report it to the department head and the competent attorney general for examination and approval; (three) for criminal complaints that do not need to be filed for review, make a Notice of Criminal Complaints Not to be filed for review, and notify the complainant within ten days after the approval of the department head. The people's procuratorate must examine criminal appeal cases by two or more prosecutors. For criminal appeals that decide to file a case for review, the appeal materials and files shall be comprehensively reviewed, and a "scoring record" shall be made. It should be reviewed from the following six aspects: 1, whether the complainant has put forward new facts or evidence that can change the original results, whether the original facts are clear, and whether the evidence is true and sufficient; 3, the original case should be identified whether there is any omission of criminal facts; 4. Whether the applicable law is correct; 5. Whether the punishment is appropriate; 6, there is no violation of the jurisdiction of the case and other serious violations of the proceedings. After examination, it is considered that the facts of the original case are unclear and the evidence is insufficient, and an investigation plan shall be drawn up to supplement the investigation. When investigating and collecting evidence, you can ask the defendant, the victim and the witness in the original case, make a record of criminal appeal review, and sign or seal it by the respondent after it is confirmed to be correct. When examining criminal appeal cases, the inquest, inspection, record and appraisal conclusion of the places, articles, human bodies and corpses related to the crime can be reviewed, and special issues can also be appraised or supplemented. At the end of the review of criminal appeal cases, the undertaker shall make a review report of criminal appeal, and the closing standard is: 1, and the facts, evidence and applicable laws originally identified have been clearly reviewed; 2. The new facts and evidence put forward by the complainant have been investigated clearly; 3. Necessary supplementary investigations have been made on issues such as unclear facts and insufficient evidence; 4. Put forward the review conclusion. The people's procuratorate shall, after collective discussion by the competent department, report to the person in charge of the competent department and the procurator-general for examination and approval or submit it to the procuratorial Committee for discussion and decision. After review, it is considered that the original decision, judgment and ruling are correct and should be maintained. Under any of the following circumstances, it shall be corrected or protested according to law: 1, the facts are unclear, the evidence is inaccurate and insufficient; 2. The main criminal facts identified are wrong; 3. Qualitative error; 4. Improper handling decision or abnormal sentencing. After examination, the people's procuratorate does not need to lodge a protest against the legally effective criminal judgment or ruling of the people's court; The notice of review of criminal appeal cases shall be notified to the complainant, the defendant in the original case and the relevant departments within ten days.
Legal objectivity:
Article 252 of the Criminal Procedure Law The parties, their legal representatives and their close relatives may appeal to the people's court or the people's procuratorate against a legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling. Article 253 If the complaint of the parties, their legal representatives or close relatives meets any of the following circumstances, the people's court shall retry the case: (1) There is new evidence to prove that the facts ascertained in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing; (2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case; (3) The application of the law in the original judgment or ruling is indeed wrong; (four) in violation of legal procedures, which may affect the fair trial; (5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law.