1. An appeal of second instance of a criminal case shall be filed with the court of first instance or directly with the court of second instance. If the defendant, private prosecutor, plaintiff and defendant in incidental civil action appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal together with the case file and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party.
What is the appeal process of criminal cases?
2. Criminal appeal procedure:
(1), the defendant, private prosecutor and legal representative appeal to the people's court at the next higher level in written or oral form;
(2) The people's court that originally tried the case shall, within three days, transfer the appeal together with the case files and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party;
(3) The people's court of second instance shall conduct a comprehensive review of the facts ascertained in the judgment of first instance and the applicable laws.
3. The basic format of criminal appeal is as follows:
(1), appellant: (defendant in criminal case, private prosecutor in criminal private prosecution case, plaintiff or defendant in criminal incidental civil case)
(Basic information such as name, gender, date of birth, nationality, native place, occupation or work unit, position and address)
(2) Appellee: (The private prosecutor or defendant in a criminal private prosecution case, the plaintiff or defendant in a criminal incidental civil case, and the defendant in a criminal public prosecution case are not listed as the appellee).
(Basic information such as name)
(3) The appellant refuses to accept the criminal judgment (or ruling) made by the people's court on a certain day of a certain year because of a certain case, and now appeals.
(4) Appeal request (specific appeal request)
(5) reasons for appeal (the specific content of the first-instance judgment or ruling, clarifying the reasons and legal basis for appeal)
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 231 If the defendant, private prosecutor, plaintiff and defendant in incidental civil action appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal to the people's court at the next higher level together with the case file and evidence, and at the same time, send a copy of the appeal to the people's procuratorate at the same level and the other party.
If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall send the appeal to the people's court that originally tried the case within three days, and send a copy to the people's procuratorate at the same level and the other party.