1. The procuratorate has the following procedures for handling criminal appeal cases:
(1) The procuratorate shall examine criminal appeal cases by two or more prosecutors, and the original undertaker shall not participate;
(2) The public review procedure of criminal appeal cases;
(3) After making a review decision, the procuratorate shall make a Notice of Criminal Appeal Review or a Decision of Criminal Appeal Review, and deliver it to the complainant, the original case-handling personnel and the relevant departments within ten days;
(4) The criminal appeal case submitted by the procuratorate for review shall be settled within three months after the case is filed. If the case is complicated, the longest period shall not exceed six months.
2. Legal basis: Article 253 of the Criminal Procedure Law of People's Republic of China (PRC).
If a case is retried because of a complaint, the people's court shall retry the case if the complaint of the parties and their legal representatives or close relatives meets one of the following circumstances:
(a) there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing;
(2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case;
(3) The application of the law in the original judgment or ruling is indeed wrong;
(four) in violation of legal procedures, which may affect the fair trial;
(5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law.
Second, what are the characteristics of criminal complaints?
Criminal complaints have the following characteristics:
1. The subject of criminal appeal, the parties and their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling;
2. The object of criminal appeal must be the legally effective judgment or ruling of the people's court, or the non-prosecution decision made by the people's procuratorate to substantially end the case procedure;
3. Reasons for criminal appeal. The plaintiff must think that the object of appeal is wrong in fact or applicable law, or the sentence is improper;
4. The organs that accept complaints are people's courts and people's procuratorates at all levels that have jurisdiction according to law;
5. filing a complaint does not stop the execution of the judgment or ruling.