1. Private prosecutors and their legal representatives. 2. The defendant and his legal representative. 3. Defenders and close relatives have the consent of the defendant. 4. The parties to an incidental civil action and their legal representatives.
The appeal procedure is:
1. Preparation of the appeal: If a lawyer is entrusted to appeal, at least five copies of the appeal shall be prepared, signed by the defendant and fingerprinted. One copy is kept by the appellant (defendant), one copy is given to the client (defendant's family) and one copy is kept in the lawyer's file. One is handed over to the people's court at a higher level and the other to the people's procuratorate of first instance. If there are several parties to an appeal incidental to a civil action, several more appeals shall be added. If the defendant in custody appeals on his own, he only needs to write an appeal because there is no condition for typing and copying. If the detained person is illiterate, if the defendant requests an appeal, he shall file it with the judge of first instance or with the detention center, which will notify the court of first instance, and the court of first instance will send someone to take notes.
2. Submission of appeal: If a defender files an appeal, it shall be submitted to the people's court that originally tried. The date when the Court of First Instance receives the appeal is the date of appeal. The people's court that originally tried the case shall be responsible for transferring it to the people's procuratorate at the same level and the other party within three days. The people's court that originally tried the case is responsible for transferring the case file, relevant evidence and appeal to the people's court at a higher level.
Legal basis:
Article 227 of the Criminal Procedure Law of People's Republic of China (PRC), if the defendant, private prosecutor and their legal representatives refuse to accept the judgment or ruling of first instance of the local people's courts at all levels, they have the right to appeal to the people's court at the next higher level in written or oral form. Defenders and close relatives of the defendant may appeal with the consent of the defendant. The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels.
The defendant shall not be deprived of the right to appeal under any pretext.