1. How to write an application for protest against criminal judgment by the people's procuratorate? The format and content elements are as follows: ×× year × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × day × month × month × day × month × month × month × month × month × month × day × month × month × month × month × For cases of private prosecution, it is correspondingly rewritten as "the private prosecutor brought a lawsuit to the people's court in XXX"). The people's court made a judgment (ruling) with criminal judgment (ruling): ... (judgment and ruling result). After examination according to law (if the victim or his legal representative refuses to accept the judgment of first instance of local courts at all levels and requests the people's procuratorate to lodge a protest, this procedure shall be clearly stated. If a protest is filed in accordance with the procedure of trial supervision, the effective judgment of first instance or second instance and the procedure for the relevant people's procuratorate to lodge a protest shall be stated. Then write "After examination according to law, the facts of this case are as follows"): Summarize the facts and circumstances identified by the procuratorate. According to the facts and evidence of a specific case, the facts and circumstances of the case should be briefly described around the elements of the crime, especially the controversial issues stipulated in the criminal law. Generally speaking, it should have the facts and plot elements related to conviction and sentencing, such as time, place, motivation, purpose, key behavior, plot, amount, harmful result, and performance after the crime. If there are several crimes in a case, and each crime has been committed many times, it should be described in order of severity or time. However, the text should be concise. The above-mentioned criminal facts of the defendant in the original trial were clear, and the evidence was true and sufficient enough to be identified. We believe that ... [The following are the opinions on the review of the judgment (ruling) and the reasons for the protest. After the grade is: (1) "In our opinion", first summarize the degree of harm of the defendant's behavior, the seriousness of the circumstances and how to make a judgment according to law. (2) Then clearly point out the core of the judgment (ruling) error, and clearly state the focus of the protest, such as "wrong fact finding", "improper application of the law" and "light sentence". (3) Focusing on the reasons for protest, analyze the errors in the original judgment and ruling in detail, and demonstrate the correct opinions of the procuratorate. ] after the reason, it shall specify the legal basis for lodging a protest, lodge a protest request and request a revision of the sentence according to law. The writing format is as follows: To sum up, in order to strictly enforce national laws, accurately punish crimes (or protect citizens' legitimate rights and interests), I hereby lodge a protest according to the provisions of Article ×× of the Criminal Procedure Law, and please change the sentence according to law. At the end of the article, the names of the sending units shall be stated: "Hereby" and "People's Court of ×××××". Next is the signature of the prosecutor. Finally, write down the time when the document was made and affix the seal of the procuratorate on it. The following points should be stated in the appendix: (1) Where is the defendant now? (2) List of evidence. (3) list of witnesses. The list of evidence and the list of witnesses are the same as those of the first instance, and can be marked as "the list of evidence and the list of witnesses are the same as those of the first instance", so it is not necessary to obtain them separately. Two. Provisions on Appeal in the Procedure of Second Instance According to the provisions of Article 181 and Paragraph 3 of Article 205 of China's Criminal Procedure Law and the Detailed Rules for the Implementation of the Criminal Procedure Law by People's Procuratorates, local people's procuratorates at various levels should lodge a protest with the people's court at the next higher level within the statutory time limit if they think that the judgment or ruling of the people's court at the same level is indeed wrong. This is usually called a complaint in the second instance procedure. The Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision if it finds that the legally effective judgment or ruling of the people's court at all levels is wrong, and the people's procuratorate at a higher level has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision. This is what is usually called the protest of the trial supervision procedure. No matter what procedure is used to lodge a protest, a protest must be made and served on the people's court. Criminal protest is one of the legal procedures that cause the second trial or retrial of the people's court. After the indictment is filed, the people's court will review the whole case according to the protest and make a judgment or ruling according to law. Therefore, protest is an important tool for procuratorial organs to exercise judicial supervision, which plays a very important role in correcting the wrong judgments and rulings of the people's courts and ensuring the correct implementation of the law. The above knowledge is Bian Xiao's answer to relevant legal questions. If you have any questions about this knowledge, please feel free to consult, and we will provide professional lawyer services.