1, institute criminal proceedings.
The filing of a criminal complaint refers to the legal litigation form in which the judicial organ accepts the complainant's complaint. Article 6 of the Interim Provisions stipulates: "After receiving the complaint, the people's court shall register and carefully examine it. The people's court of first instance shall file a case when examining and handling a criminal complaint. " This shows that when the complainant files a complaint, the people's court or the people's procuratorate should file a case in the form of a document under the jurisdiction of the court. As for the conditions for lodging a complaint, it should not be too harsh. As long as it is preliminarily confirmed that the complainant has the qualification of the subject of complaint, certain reasons shall be put forward within the statutory time limit. The competent court or people's procuratorate shall file a case for examination.
2. Review of criminal complaints
After accepting a complaint, the people's court or the people's procuratorate shall conduct a comprehensive review, which is not limited by the reasons for the complainant's complaint. The contents of the review shall include:
(l) the facts of the case. Finding out the facts of the case is the primary task of reviewing the complaint. During the review, the case file of the original trial shall be retrieved for review, and the reasons and evidence put forward by the complainant shall be analyzed and studied, and compared with the facts identified in the case file, so as to determine whether the facts identified in the judgment of the original trial are clear and definite, and whether the evidence is true and sufficient. If new facts are discovered, it is necessary to find out whether there is sufficient evidence.
(2) Whether the applicable law is correct. This is an important part of reviewing the legal aspects of complaints. The so-called applicable law means that it should be based on the law in force at the time of sentencing. Generally, old cases cannot be overturned according to the new law. Only the corresponding new laws formulated to correct the wrong laws in the past can be used as the basis for appeal review and retrial.
3. Handling of review results
After reviewing the criminal complaint, the original people's court of final appeal considers that the original judgment or ruling is correct, and then persuades and educates the complainant to make him obey the judgment and complaint; Insist on unreasonable complaints, can be refused by written notice. And told the complainant that he could not appeal again. After examination, it is found that the original judgment is indeed wrong and needs to be retried, and a collegial panel shall be formed separately for retrial in accordance with the procedure of trial supervision.
Cases after retrial. If a party who is acquitted or exempted from criminal punishment after retrial has a job in the aftermath, the people's court that originally tried the case shall hand it over to the original unit or the competent department at a higher level for execution; If there is no job, it will be handed over to the relevant departments of the local people's government for handling. Dealing with the aftermath is an important task for the party and the country to win the trust of the people, establish legal prestige and have a good social impact, and it must be done well.
The following materials shall be submitted for the appeal of criminal cases:
1. The application shall specify the basic information of the parties, the appeal request, the facts and reasons for the appeal;
2, the original effective criminal judgment or ruling, after review or retrial by the people's court, shall be accompanied by a notice of rejection, retrial judgment or ruling;
3. If there is new evidence to prove that the facts determined by the original referee are indeed wrong, it shall be accompanied by a list of evidence, a list of witnesses and a copy or photo of the main evidence.
Legal basis:
According to Article 252 of the Criminal Procedure Law of People's Republic of China (PRC) (revised 20 18), 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 the execution of the judgment or ruling cannot be stopped.
Article 258 A case retried by a people's court in accordance with the procedure of trial supervision shall be concluded within three months from the date of making a decision to remand it for retrial, and if the time limit needs to be extended, it shall not exceed six months.
The people's court that accepts the protest shall hear the protest case in accordance with the procedure of trial supervision, and the time limit for hearing shall apply to the provisions of the preceding paragraph; If it is necessary to instruct the lower people's court to retry, it shall make a decision within one month from the date of accepting the protest, and the time limit for the lower people's court to hear the case shall be governed by the provisions of the preceding paragraph.