According to the Criminal Procedure Law of People's Republic of China (PRC):
Article 196 All judgments shall be publicly announced. If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days;
If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem.
Extended data:
Effective time of second instance judgment
"The law does not stipulate that it will take effect from the date of service by both parties, or from the date of service by the last person. It is because there is no explicit provision that there is a vague point. " Wu Dong, a lawyer from Shanghai Ye Hui Law Firm, said that due to various coincidences, this case touched a blank spot in the existing laws of China.
At present, China's law only stipulates that the judgment of the second instance will take effect, and there is no specific effective time. Then in judicial practice, there are mainly three different views:
1. The judgment of second instance shall take effect as of the date of making it;
2. The judgment of second instance will take effect on the date of judgment;
3. The judgment of second instance shall take effect as of the date of service.
Then because the law is not clearly defined, it is easy to cause disputes. "A judicial interpretation should be issued as soon as possible to clearly stipulate when the judgment of the second instance will take effect and avoid disputes." Generally, it will take effect from the date when the judgment is served. ? Ways of serving the judgment: direct service, lien service, entrusted service, mail service and forwarding service.
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law