Who should be submitted to the second trial defense procedure of criminal cases, and how long will it take?
Article 32 of the Criminal Procedure Law: In addition to exercising the right of defense, a criminal suspect or defendant may entrust one or two persons as defenders. The following persons may be entrusted as defenders: (1) lawyers; (2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs; (3) Guardians, relatives and friends of criminal suspects and defendants. A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender. # # Generally submitted to the court of first instance. The date when the Court of First Instance receives the appeal is the date of appeal. The people's court that originally tried the case shall be responsible for transferring it to the people's procuratorate at the same level and the other party within three days. The people's court that originally tried the case is responsible for transferring the case file, relevant evidence and appeal to the people's court at a higher level. Some defendants are willing to submit the appeal directly to the people's court at a higher level because they don't trust the judge of the original trial or in order to be faster. In fact, it takes time to hand it over to a higher court. 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 submit the appeal to the people's court of first instance within three days. The people's court shall transmit it to the people's procuratorate at the same level and the other party. Then transfer it to the higher court together with the case file of first instance and relevant evidence. The people's court at a higher level can decide how to try the case only after receiving the case file of first instance and relevant evidence.