You can file a complaint within two years after the court decision takes effect and the penalty is executed; If the complaint has been filed for more than two years, and it is possible to acquit the defendant in the original trial or the defendant in the original trial filed a complaint with the people's court within the time limit stipulated in this article, the people's court will not accept it or it is a difficult, complicated or major case, and it shall accept it.
Article 203 of the Criminal Procedure Law stipulates that the parties, 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.
Article 10 of "Several Opinions of the Supreme People's Court on Standardizing People's Courts for Retrial Filing Cases (Trial)" stipulates that the people's courts shall accept the appeals filed by the complainants in criminal cases within two years after the execution of the penalty; If the complaint time exceeds two years, it shall be accepted under any of the following circumstances:
(1) The defendant in the original trial may be acquitted;
(2) The defendant in the original trial filed a complaint with the people's court within the time limit stipulated in this article, and the people's court refused to accept it;
(3) Difficult, complicated or major cases.
If it does not conform to the provisions of the preceding paragraph, the people's court shall not accept it.
Provisions of the Supreme People's Court on Several Issues Concerning the Strict Application of the Instructions for Retrial and Revision of Sentences in Civil Trial Supervision Procedures Article 1 The people's court at a higher level shall examine the application for retrial of the parties in strict accordance with the provisions of Article 200 of the Civil Procedure Law, and order a retrial if the legal conditions are met. The starting standard of retrial shall not be lowered because of ordering retrial, nor shall a case that should not be retried according to law be ordered to a lower people's court for retrial because of repeated appeals by the parties.