Article 216 of the Criminal Procedure Law: The defendant, the private prosecutor and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of the local people's courts at all levels. 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.
Article 217 When the local people's procuratorates at various levels think that the judgment or ruling of the people's court at the same level of first instance is indeed wrong, they shall lodge a protest with the people's court at the next higher level.
Article 223 When trying the following cases, the people's court of second instance shall form a collegial panel:
(a) the defendant, the private prosecutor and his legal representative raised objections to the facts and evidence ascertained in the first instance, which may affect the conviction and sentencing;
(2) An appeal case in which the defendant was sentenced to death;
(3) Cases protested by people's procuratorates;
(4) Other cases that should be heard in court.
Article 225 After hearing the case of appeal or protest against the judgment of first instance, the people's court of second instance shall handle it separately according to the following circumstances:
(a) the original judgment found the facts and applicable laws correct, and the sentence was appropriate, so the appeal or protest was rejected and the original judgment was upheld;
(two) the original judgment found that the facts were not wrong, but the applicable law was wrong, or the sentence was improper, and the judgment should be revised;
(3) If the facts in the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained; You can also make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for a new trial.
If the defendant appeals or the people's procuratorate protests after the people's court of first instance has made a judgment on the case sent back for retrial in accordance with the provisions of the third paragraph of the preceding paragraph, the people's court of second instance shall make a judgment or ruling according to law and will not send it back to the people's court of first instance for retrial.