1. Who filed the application for protest in criminal cases?
If one party raises an objection, the complainant may entrust a lawyer to lodge a complaint with the People's Procuratorate and provide relevant evidence:
In accordance with Article 27 of Chapter V of the Provisions of the People's Procuratorate on the Examination of Criminal Appeal Cases, it is considered that one of the following circumstances needs to be investigated and verified.
(1) The facts of the original case are unclear and the evidence is insufficient;
(2) The complainant has provided new facts, evidence or evidence clues;
(three) there are other problems that need to be investigated and verified.
Article 28 If it is deemed necessary to review the transcripts and expert opinions of the inquest, inspection, appraisal, investigation and experiment related to this case, it may be reviewed, or special issues may be appraised and supplemented.
Twenty-ninth review of criminal appeal cases may ask the parties to the original case, witnesses and other relevant personnel.
If there is an error in the original judgment or ruling and it is considered necessary to lodge a protest or protest, the defendant in the original trial shall be asked or interrogated.
Thirtieth review of criminal appeal cases should listen to the opinions of the complainant and verify the relevant issues.
Thirty-second in the process of handling criminal appeal cases, inquiries, interrogations and other investigation activities should be recorded. The investigation record shall be signed or fingerprinted by the respondent after confirmation. Investigators should also sign the investigation record.
Article 33 A criminal appeal case that has been closed after examination shall be a case in which the facts, evidence, applicable laws and litigation procedures and other circumstances that may affect the handling of the case have been clearly examined, and a clear conclusion can be drawn from the examination.
Thirty-fourth undertakers shall make a report on the conclusion of criminal appeal review, put forward opinions on handling, and report to the chief procurator for decision after collective discussion by the departments; Major, difficult and complicated cases shall be reported to the chief procurator or the procuratorial committee for decision.
A case decided by the procuratorial committee shall be accompanied by a notice of matters decided by the procuratorial committee and a discussion record.
Article 35 The people's procuratorate at a lower level shall handle criminal appeal cases assigned by the people's procuratorate at a higher level according to law and report the handling results to the people's procuratorate at a higher level.
A criminal appeal case assigned by a people's procuratorate at a higher level shall be filed for review by a people's procuratorate at a lower level, and shall not be assigned downward.
Article 36 The review of a criminal appeal case shall be completed within three months after the case is filed. If the case is serious, difficult or complicated, the longest period shall not exceed six months.
Second, how long is the time limit for applying to the procuratorate for protest?
If the victim or his legal representative refuses to accept the judgment of first instance of the local people's courts at all levels, he has the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the request.
According to the judicial function, the application for protest in criminal cases is filed by the procuratorial organ. In judicial practice, procuratorial organs need to clearly identify relevant matters according to the circumstances stipulated by law. If there are relevant conditions for protest, it can be handled in accordance with the relevant circumstances stipulated by law, and the specific circumstances should be determined according to law in light of the actual situation.