What are the provisions for criminal appeal review? Chapter V Reply to the Provisions of the People's Procuratorate on the Review of Criminal Appeals. Section 1 General Provisions Article 25 The review of criminal appeals shall be conducted by two or more prosecutors, and the original case undertaker and the original case undertaker shall no longer participate in handling. Twenty-sixth review of criminal appeal cases should be a comprehensive review of the appeal materials and all the files, and make a good record of marking. Article 27 If, after examination, it is considered that one of the following circumstances requires investigation and verification, a supplementary investigation outline shall be written: (1) The facts of the original case are unclear and the evidence is insufficient; (2) The complainant has provided new facts, evidence or evidence clues; (three) there are other problems that need to be investigated and verified. Article 28 If it is deemed necessary to review the transcripts and expert opinions of the inquest, inspection, appraisal, investigation and experiment related to this case, it may be reviewed, or special issues may be appraised and supplemented. Twenty-ninth review of criminal appeal cases may ask the parties to the original case, witnesses and other relevant personnel. If there is an error in the original judgment or ruling and it is considered necessary to lodge a protest or protest, the defendant in the original trial shall be asked or interrogated. Thirtieth review of criminal appeal cases should listen to the opinions of the complainant and verify the relevant issues. Thirty-first review of criminal appeal cases can listen to the opinions of the original case handling department, the original review department or the original case handling personnel, and fully understand the handling of the original case. Thirty-second in the process of handling criminal appeal cases, inquiries, interrogations and other investigation activities should be recorded. The investigation record shall be signed or fingerprinted by the respondent after confirmation. Investigators should also sign the investigation record. Article 33 A criminal appeal case that has been closed after examination shall be a case in which the facts, evidence, applicable laws and litigation procedures and other circumstances that may affect the handling of the case have been clearly examined, and a clear conclusion can be drawn from the examination. Thirty-fourth undertakers shall make a report on the conclusion of criminal appeal review, put forward opinions on handling, and report it to the chief procurator for decision after collective discussion by the departments; Major, difficult and complicated cases shall be reported to the chief procurator or the procuratorial committee for decision. A case decided by the procuratorial committee shall be accompanied by a notice of matters decided by the procuratorial committee and a discussion record. Article 35 The people's procuratorate at a lower level shall handle criminal appeal cases assigned by the people's procuratorate at a higher level according to law and report the handling results to the people's procuratorate at a higher level. A criminal appeal case assigned by a people's procuratorate at a higher level shall be filed for review by a people's procuratorate at a lower level, and shall not be assigned downward. Article 36 The review of a criminal appeal case shall be completed within three months after the case is filed. If the case is serious, difficult or complicated, the longest period shall not exceed six months. The people's procuratorate at a lower level with jurisdiction shall file a case for examination within ten days after receiving the assigned documents, and the examination period shall be governed by the provisions of the preceding paragraph. If it cannot be completed within the time limit, it shall explain the situation in writing to the people's procuratorate at a higher level assigned by it. Section 2 Review of Appeal Cases against the People's Procuratorate's Decision to Terminate Criminal Proceedings Article 37 If the victim refuses to accept the decision not to prosecute and lodge a complaint within seven days after receiving the decision not to prosecute, the criminal appeal procuratorial department of the people's procuratorate at the next higher level that made the decision not to prosecute shall file a case for review. If the victim makes a complaint to the people's procuratorate that made the decision not to prosecute, the people's procuratorate that made the decision not to prosecute shall submit the complaint materials together with the case file to the people's procuratorate at the next higher level. Article 38 If a victim refuses to accept the decision not to prosecute and files a complaint seven days after receiving the decision not to prosecute, the criminal complaint procuratorial department of the people's procuratorate that made the decision not to prosecute shall decide whether to file a case for review after examination. Article 39 If the person who is not prosecuted refuses to accept the decision of non-prosecution within seven days after receiving the decision, the criminal appeal procuratorial department of the people's procuratorate that made the decision of non-prosecution shall file a case for review; If a complaint is filed within seven days after receiving the decision not to prosecute, the criminal complaint procuratorial department of the people's procuratorate that made the decision not to prosecute shall decide whether to file a case for review after examination. Article 40 Upon examination, the following measures shall be taken against the appeal against the decision of the People's Procuratorate not to prosecute: (1) If the decision of not to prosecute is correct, it shall be upheld; (2) If the facts ascertained in the decision not to prosecute or the applicable law are wrong and need to be changed, the decision not to prosecute shall be changed; (3) If the facts ascertained in the decision of non-prosecution or the applicable law are wrong and the person who is not prosecuted should prosecute, the decision of non-prosecution shall be revoked and the case shall be transferred to the people's procuratorate with jurisdiction or the relevant department of our hospital for public prosecution. Article 41 After reviewing the complaints against the people's procuratorate's decision not to approve the arrest, the following measures shall be taken respectively: (1) If the decision not to approve the arrest is correct, it shall be upheld; (2) If the decision not to approve the arrest is correct, but criminal responsibility needs to be investigated according to law, the decision not to approve the arrest shall be upheld and the case shall be transferred to the people's procuratorate with jurisdiction or the relevant departments of our hospital for handling according to law; (3) If there is an error in the decision not to approve the arrest and it is necessary to approve the arrest according to law, the decision not to approve the arrest shall be revoked and the case shall be transferred to the people's procuratorate with jurisdiction or the relevant department of our hospital for handling according to law. Article 42 An appeal against the people's procuratorate's decision to cancel a case shall be dealt with as follows after review: (1) If the decision to cancel a case is correct, it shall be upheld; (two) the decision to cancel the case is correct, but some of the facts or the applicable law are wrong, it should correct the wrong part of the original decision to cancel the case and maintain the original decision to cancel the case; (3) If the decision to cancel the case is wrong and criminal responsibility needs to be investigated according to law, the original decision to cancel the case shall be revoked and the case shall be transferred to the people's procuratorate with jurisdiction or the relevant department of our hospital for re-filing. Article 43 If, after review, the appeal against the decision of the people's procuratorate on criminal handling considers that the original decision should be upheld, it shall be reported to the chief procurator for decision; If the original decision should be changed, it shall be reported to the chief procurator or the procuratorial Committee for decision. Article 44 After reviewing the appeal of the people's procuratorate's decision on criminal handling, a written decision on criminal appeal review shall be made, served on the complainant and the parties to the original case within 10 days, and copied to the relevant departments. The review decision made by the people's procuratorate at a higher level may be entrusted to the people's procuratorate at a lower level for service. The written decision on criminal appeal review shall be publicly announced, and the announcement record shall be made. Article 45 The people's procuratorate at a lower level shall implement the reexamination decision of the people's procuratorate at a higher level and report the implementation in writing to the people's procuratorate at a higher level. When necessary, the people's procuratorate at a higher level may issue a notice to correct the mistakes in the case and instruct the people's procuratorate at a lower level to implement it. If the people's procuratorate at a lower level disagrees with the decision of the people's procuratorate at a higher level, it shall report it to the people's procuratorate at a higher level at the same time when implementing it. Section 3 Review of the Appeal of the People's Court's Legally Effective Criminal Judgments and Rulings Article 46 If the Supreme People's Procuratorate refuses to accept the legally effective criminal judgments and rulings of people's courts at all levels, and the people's procuratorate at a higher level refuses to accept the legally effective criminal judgments and rulings of the people's courts at a lower level after review, it shall lodge a protest with the people's court at the same level in accordance with the trial supervision procedure, or order the people's procuratorate at the next higher level of the people's court that has made an effective judgment or ruling to lodge a protest with the people's court at the same level. Article 47 If a legally effective criminal judgment or ruling of a people's court is found to be under any of the following circumstances after examination, it shall lodge a protest with the people's court in accordance with the procedure of trial supervision: (1) There is new evidence to prove that the facts ascertained in the original judgment or ruling are wrong, which may affect conviction and sentencing; (2) The evidence on which conviction and sentencing are based is untrue and insufficient; (3) The evidence on which conviction and sentencing are based shall be excluded according to law; (4) There are contradictions between the main evidences on which conviction and sentencing are based; (five) the main factual basis of the original judgment or ruling has been changed or revoked according to law; (six) the conviction of a crime is wrong, which obviously affects the sentencing; (seven) in violation of the provisions of the law on the limitation period of prosecution; (eight) the sentencing is obviously improper; (nine) in violation of legal procedures, which may affect the fair trial; (10) A judge commits corruption, bribery, favoritism and malpractice, or perverts the law when trying a case. Article 48 If it is considered necessary to lodge a protest with the people's court at the same level against the appeal of a legally effective criminal judgment or ruling of the people's court, the criminal appeal procuratorial department shall put forward its opinions and report them to the chief procurator or the procuratorial committee for decision. Article 49 After the people's procuratorate decides to protest, the criminal appeal procuratorial department shall lodge a criminal protest and lodge a protest with the people's court at the same level. When lodging a protest, if there is new evidence to prove that the facts ascertained in the original judgment or ruling are indeed wrong, relevant evidential materials shall be attached when lodging the protest. Article 50 The criminal appeal procuratorial departments of local people's procuratorates at various levels shall, after examining the appeals of criminal judgments or rulings that have become legally effective by the people's courts at the same level, put forward their opinions and report them to the people's procuratorate at the next higher level for protest. A case submitted to the people's procuratorate at the next higher level for protest shall be submitted to the people's procuratorate at the next higher level together with the case file. After receiving the protest report, the criminal appeal procuratorial department of the people's procuratorate at the next higher level shall appoint prosecutors to conduct examination and make a report on the protest case, which shall be discussed collectively by the department and submitted to the chief procurator for examination and approval. After the people's procuratorate at a higher level makes a decision on the criminal appeal case submitted by the people's procuratorate at a lower level, it shall make a notice of reexamination and protest, and notify the people's procuratorate that submitted the protest. Article 51 The people's procuratorate at a higher level shall make a decision within three months from the date of accepting the criminal appeal case protested by the people's procuratorate at a lower level. For criminal appeal cases that may have significant changes in factual evidence such as unjust, false and misjudged cases, the above time limit may not be imposed. If it is necessary to increase the punishment of the defendant in the original trial in an appeal case against the legally effective judgment or ruling of the people's court that the execution of the death penalty has been suspended for two years, a decision shall be made before the expiration of the suspension of execution of the death penalty. Article 52 The time limit for the local people's procuratorates at all levels to examine the protest cases of the people's procuratorates at higher levels shall not be counted as the time limit for the people's procuratorates that filed the protest. Article 53 If, after examination, it is considered that the legally effective criminal judgment or ruling of the people's court is indeed wrong, which conforms to the circumstances stipulated in Article 47 of these Provisions and needs to be corrected by the people's court through retrial, the criminal appeal procuratorial department may put forward its opinions and, after the decision of the procuratorial Committee of this court, put forward suggestions on retrial procuratorial work to the people's court at the same level. If it is not appropriate for the people's court at the same level to correct it by retrial, or if the retrial procuratorial proposal is not adopted by the people's court, it may lodge a protest with the people's court in accordance with the trial supervision procedure. Article 54 If the criminal appeal procuratorial department of the people's procuratorate handles a protest case in accordance with the procedure of trial supervision and considers it necessary to take arrest measures against the defendant in the original trial, it shall put forward its opinions and transfer them to the investigation and supervision department for examination and decision; If the defendant in the original trial thinks it necessary to take measures such as obtaining a guarantor pending trial and monitoring residence, he shall put forward his opinions and report them to the chief procurator for decision. Article 55 After reviewing the appeal filed by the people's procuratorate against the legally effective criminal judgment or ruling of the people's court, whether it decides to lodge a protest or put forward a retrial proposal, the people's procuratorate shall make a Notice of Criminal Appeal Review and serve it on the complainant within 10 days. If a protest is lodged with the people's procuratorate at the next higher level after review, a notice of criminal appeal review shall be made after the people's procuratorate at the next higher level makes a decision on whether to protest. Article 56 When a people's court hears a criminal appeal case that protests in accordance with the procedure of trial supervision, or a criminal appeal case that the people's court decides to retry on the basis of the retrial procuratorial proposal of the people's procuratorate, the criminal appeal procuratorial department of the people's procuratorate at the same level shall send personnel to appear in court to exercise legal supervision over the retrial activities of the people's court. Article 57 In criminal appeal cases protested in accordance with the procedure of trial supervision, the judgment and ruling of the people's court after retrial shall be submitted by the criminal appeal procuratorial department of the people's procuratorate to the retrial court for examination. If, after examination, the procuratorial department of criminal appeal thinks that there are still mistakes in the judgment or ruling made by the people's court and it is necessary to lodge a protest, it shall report it to the chief procurator or the procuratorial committee for decision. For a case tried in accordance with the procedure of first instance, the people's procuratorate at the same level shall lodge a protest with the people's court at the next higher level; If a case is tried in accordance with the procedure of second instance, the people's procuratorate at the next higher level shall lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision. As can be seen from the above introduction, China's laws have strict provisions on the review of criminal complaints. I believe that after reading the above introduction, you have a certain understanding of the legal knowledge of criminal appeal review. If you still have legal questions in this field, if you have questions about this knowledge, please consult, and we will provide professional lawyer services.