1. Anyone who refuses to accept the judgment of the people's court of first instance may appeal to the people's court at the next higher level within 15 days after receiving the judgment;
2. Those who refuse to accept the judgment of the people's court of second instance may apply to the people's court at the next higher level of the people's court of second instance for retrial, but the execution of the judgment shall not be stopped during the application for retrial;
3. If the people's court refuses to accept the retrial application or retrial judgment and fails to make a ruling on the retrial application within the time limit, it may apply to the people's procuratorate for a protest.
The purpose is to correct the judgments and rulings that have come into effect and are indeed wrong through retrial and judgment. 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; If the parties concerned, their legal representatives or close relatives are dissatisfied with the first-instance judgment of our court, they may appeal to the next higher court within 10 days; If you still refuse to accept the final judgment of the second instance, you can appeal for retrial.
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 they cannot stop the execution of the judgment or ruling.
What is the complaint in criminal proceedings?
General criminal cases are final in the second instance, and no appeal can be made after the second instance, but the parties, legal representatives or close relatives can appeal. However, new evidence or insufficient evidence must be found to prove the court's sentencing, or evidence that contradicts the evidence of previous sentencing, or that the laws and regulations applied by the court are wrong, or that the court's procedures are illegal, or that judicial personnel have committed illegal acts such as corruption and bribery in this case.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 253 The people's court shall retry the appeal of a party, his legal representative or his near relatives under any of the following circumstances:
(a) there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing;
(2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case;
(3) The application of the law in the original judgment or ruling is indeed wrong;
(four) in violation of legal procedures, which may affect the fair trial;
(5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law. Article 204 The people's court shall retry the complaint of a party, his legal representative or his near relatives under any of the following circumstances:
(a) there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong;
(2) The evidence on which conviction and sentencing are based is not true or sufficient, or there are contradictions between the main evidences proving the facts of the case;
(3) The application of the law in the original judgment or ruling is indeed wrong;
(4) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law. Before appealing, the complainant should try his best to study whether the above situation exists in the case.