Legal basis:
Article 220 of the Criminal Procedure Law If the defendant, the private prosecutor, the plaintiff in an incidental civil action and the defendant 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 the case file 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 221 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 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.