Within two years after the execution of the penalty, the complainant may appeal.
Article 203 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the parties concerned, their legal representatives and close relatives may appeal to the legally effective judgments or orders of the people's courts or people's procuratorates.
Article 10 of the Supreme People's Court's Opinions on Standardizing People's Courts' Retrial Filing (Trial) stipulates that the people's court shall accept the appeal filed by the complainant in a criminal case 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.
Lawyer Feng Wei of Zongheng Law Network