How to enter the appeal procedure

In criminal cases, if you refuse to accept the court's decision, you can appeal, and the parties can appeal through the court of first instance. Although the parties can lodge a protest to the court at the next higher level of the court of first instance, they will return to the court of first instance at that time, so it is generally recommended to appeal directly to the court of first instance.

1. If the defendant, private prosecutor, plaintiff and defendant in incidental civil action 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.

2. 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, within three days, submit the appeal to the people's court that originally tried the case and transfer it to the people's procuratorate at the same level and the other party.

First, the conditions for filing an appeal:

As long as the subject of the right of appeal refuses to accept the judgment or ruling of first instance and files an appeal according to law within the statutory time limit, the people's court shall accept it and cause the procedure of second instance. Local people's procuratorates at all levels can only lodge a protest if they think that the judgment or ruling of the people's court at the corresponding level is indeed wrong. The specific performance is as follows:

1, the facts are unclear and the evidence is insufficient;

2, there is sufficient evidence to prove guilty and innocent, or innocent and guilty;

3, felony light sentence, misdemeanor heavy sentence, the application of punishment is obviously improper;

4, that the charges are incorrect, and several crimes for one crime and several crimes are combined, which affects sentencing or causes serious social impact;

5. Exempting from criminal punishment or applying probation error;

6. The people's court seriously violated legal procedures during the trial.

Legal basis:

People's Republic of China (PRC) Civil Procedure Law

Article 164 If a party refuses to accept the judgment of first instance of a local people's court, he shall have the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served. If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.