1. If the defendant refuses to accept the judgment of the people's court of first instance and files an appeal, with the consent of the defendant, the lawyer may file an appeal on behalf of the defendant, and the defendant shall issue a power of attorney to the lawyer.
2. Legal basis: Article 227 of People's Republic of China (PRC) Criminal Procedure Law.
Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels.
The defendant shall not be deprived of the right to appeal under any pretext.
Article 28 of the Lawyers Law of People's Republic of China (PRC), lawyers may engage in the following businesses:
(a) to accept the entrustment of natural persons, legal persons or other organizations as legal advisers;
(two) to accept the entrustment of the parties in civil cases and administrative cases, to act as agents and to participate in litigation;
(3) Accepting the entrustment of criminal suspects and defendants in criminal cases or legal aid agencies to act as defenders according to law, accepting the entrustment of private prosecutors in private prosecution cases, victims in public prosecution cases or their close relatives to participate in litigation as agents;
(four) to accept the entrustment and represent the complaints of various litigation cases;
(five) to accept the entrustment and participate in mediation and arbitration activities;
(6) Accepting entrustment to provide non-litigation legal services;
(seven) to answer questions about the law and write litigation documents and other documents related to legal affairs.
Second, what is the difference between an appeal and a complaint?
The main difference between the two is that the appeal will inevitably lead to the second instance procedure; However, the appeal is only an important source of materials to start the trial supervision procedure. Whether it can lead to the trial supervision procedure must be examined by the judicial organs to confirm that the effective judgment is indeed wrong and meets the retrial conditions stipulated by law before the trial supervision procedure can be started. Secondly, the appeal will inevitably prevent the first-instance judgment and ruling from taking legal effect; Complaints are different, and the filing of complaints cannot stop the execution of judgments and rulings.
There are also the following differences between complaint and appeal.
1, the object of different appeals is a legally effective judgment or ruling, while the object of appeal is a first-instance judgment or ruling that has not yet become legally effective.
2. The complaint subjects with different subject ranges are the parties and their legal representatives and close relatives; The main body of the appeal is the defendant, the private prosecutor, the parties to the incidental civil action and their legal representatives, the defendant's defender and the close relatives with the consent of the defendant.
3. The organs accepting complaints are different, including the people's court that originally tried the case and its superior people's court and the people's procuratorates corresponding to the people's courts at all levels; The organs accepting the appeal can only be the people's court that originally tried the case and the people's court at the next higher level.
4. The time limit is different. There is no appeal period in the Criminal Procedure Law, but the latest judicial interpretation explains that the appeal period is generally within 2 years after the execution of the penalty; As for the Appeal Law, the time limit for appealing against civil decisions is 65,438+00 days, and the appeal period is 65,438+05 days. If there is no time limit for appeal, it shall apply for retrial within two years from the date when the judgment takes effect.
5. Complaints with different consequences are only the source of materials to start the trial supervision procedure, and the execution of effective judgments and orders cannot be stopped; However, the appeal will inevitably lead to the second instance procedure, and the judgment and ruling of the first instance will not take effect. After hearing by the people's courts at two levels, if a party refuses to accept the case, it shall be handled as a complaint. After being handled by the people's courts at two levels, the parties still insist that there is no new evidence for the complaint, and the people's courts will no longer accept it.
The above is the content compiled by Bian Xiao. According to the provisions of the Criminal Procedure Law, with the consent of the defendant, the defendant's defenders and close relatives can appeal. As a defender of the defendant, a lawyer may file an appeal and write an appeal on his behalf with the consent of the defendant. The defendant needs to issue a power of attorney to the lawyer.
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