(1) If the criminal judgment or ruling of the people's court does contain the following errors in ascertaining facts and evidence, the people's procuratorate shall lodge a protest and support the protest: 1 There are errors in the determination of facts in a criminal judgment or ruling, which leads to obvious improper characterization or sentencing.
2. The criminal judgment or ruling has errors in the admissibility of evidence, which leads to obvious improper qualitative or sentencing.
(2) If the criminal judgment or ruling of the people's court is indeed wrong in applying the law, the people's procuratorate shall lodge a protest and support the protest:
1, qualitative error, that is, there is an error in the substantive evaluation of the case, resulting in a guilty verdict of innocence, or a guilty verdict, or confusing the boundaries between this crime and another crime, one crime and several crimes, resulting in an error in the application of the law, and a legally prescribed punishment for a crime is incompatible.
2. Sentencing error, that is, a light sentence for a felony or a heavy sentence for a misdemeanor, is obviously inappropriate.
3. The judgment or ruling of the incidental civil action proposed by the people's procuratorate is obviously improper.
(3) If the people's court seriously violates legal procedures in the course of trial, and any of the following circumstances affects the fair judgment and ruling, the people's procuratorate shall lodge a protest and support the protest:
1, which violates the regulations on avoidance;
2. The composition of the judicial organization is seriously illegal;
3. Unless otherwise provided, the testimony of witnesses is directly taken as the final basis without cross-examination in court, or the evidence materials collected and obtained by the people's court according to the lawyer's application and the evidence materials obtained by the collegial panel after recess are directly taken as the final basis without court appraisal and cross-examination;
4. Depriving or restricting the legitimate litigation rights of the parties;
5. There are circumstances that should suspend the trial and make a guilty verdict;
6. Cases pronounced in court shall be pronounced directly by the collegial panel without deliberation;
7, other serious violations of legal proceedings, affecting the fair judgment or ruling.
(4) In the course of hearing a case, if a judge commits acts of corruption, bribery, favoritism and malpractice, or perverting the law, which affects a fair judgment or ruling and causes the above-mentioned situations (1), (2) and (3), the people's procuratorate shall lodge a protest and support the protest.
Legal basis: Article 209 of People's Republic of China (PRC) Civil Procedure Law applies to the procuratorate for suggestions or protests. Under any of the following circumstances, the parties may apply to the people's procuratorate for procuratorial suggestions or protests:
(a) the people's court rejected the application for retrial;
(two) the people's court fails to make a ruling on the retrial application within the time limit;
(3) There are obvious errors in the retrial judgment or ruling.
The people's procuratorate shall, within three months, examine the application of the parties concerned and make a decision on whether to put forward procuratorial suggestions or protest. The parties may not apply to the people's procuratorate for procuratorial suggestions or protests again.