According to the Provisions of the People's Procuratorate on the Examination of Criminal Complaints, the criminal complaints accepted by the procuratorial organs refer to those that are not satisfied with the criminal decision of the procuratorate to terminate the lawsuit and the legally effective criminal judgments and rulings of the people's courts (including criminal incidental civil judgments and rulings).
The scope of the procuratorial organs' jurisdiction over criminal appeal cases against the decision of the procuratorial organs is as follows:
(a) the appeal against the decision of the procuratorate not to approve the arrest;
(2) Appeals against the decision of the procuratorate not to prosecute;
(3) Appeals against the decision of the procuratorate to cancel the case;
(four) complaints against other decisions of the procuratorate. If Rongcheng City Procuratorate decides not to approve the arrest because it doesn't need to arrest, it doesn't belong to the decision to end the lawsuit, and it doesn't belong to the criminal handling decision to end the lawsuit. In this case, if the party refuses to accept the decision to approve the arrest, it may be examined by the organ or department that is handling the case, but it will not be treated as a criminal appeal case.
If the procuratorate does not approve the arrest because it does not constitute a crime, as a victim, it may appeal to the procuratorate.
Extended data:
Requirements for criminal appeal:
(Basis: Provisions of the People's Procuratorate on Examining Criminal Appeal Cases)
Article 12 The people's procuratorate shall accept criminal appeals that meet the following conditions, except as otherwise provided in these Provisions:
(a) the provisions of article fifth of the criminal complaint;
(2) Conforming to the provisions of Chapter II of these Provisions;
(3) The complainant is a party to the original case and his legal representative or near relative;
(4) The complaint materials are complete.
If the complainant entrusts a lawyer to represent the complaint and meets the above conditions, it shall be accepted.
Article 13 When appealing to the People's Procuratorate, the complainant shall submit the complaint, identity certificate, relevant legal documents, evidence materials or evidence clues.
Identity certificate refers to a natural person's resident identity card, military officer's card, soldier's card, passport and other valid documents that can prove his identity; A copy of the business license of the legal person or other organization, the organization code certificate and the identity certificate of the legal representative or principal responsible person and other valid certificates. The people's procuratorate shall keep a copy of the verified identity certificate.
Relevant legal documents refer to the written decision made by the people's procuratorate, the written decision of criminal appeal review, the notice of criminal appeal review, the notice of criminal appeal review result or the written judgment or ruling made by the people's court.
Article 14 A complaint submitted by a complainant shall contain the following items:
(1) The name, gender, date of birth, nationality, occupation, work unit, domicile and effective contact information of the complainant, the name and domicile of the legal person or other organization, and the name, position and effective contact information of the legal representative or principal responsible person;
(two) the appeal request and the facts and reasons on which it is based;
(three) the signature, seal or fingerprint of the complainant and the time of complaint.
If the complainant does not have the writing ability and complains orally, a written record shall be made, signed by the complainant or fingerprinted.
Fifteenth parties to a case of private prosecution, their legal representatives and close relatives are dissatisfied with the legally effective criminal judgment or ruling of the people's court.
The people's procuratorate shall accept the appeal made by the parties to a civil action incidental to criminal proceedings, their legal representatives and close relatives against the legally effective judgment or ruling of the people's court, except that the complainant complains against the judgment or ruling made by the people's court because the parties to the original case and their legal representatives voluntarily give up their litigation rights or fail to perform the corresponding litigation obligations.
Article 16 Criminal appeals shall be accepted by people's procuratorates and procuratorial organs. The procuratorial department shall, within seven days, handle the criminal complaints received separately:
(a) under the jurisdiction of our hospital, and meet the acceptance conditions, transferred to the relevant departments of our hospital;
(two) under the jurisdiction of the people's procuratorate but not under the jurisdiction of the court, it shall inform the complainant to file a case with the people's procuratorate with jurisdiction, or transfer the complaint materials to the people's procuratorate with jurisdiction for handling. If the complaint materials are forwarded, the complainant shall be informed;
(three) does not belong to the jurisdiction of the people's Procuratorate, it shall inform the complainant to reflect to the relevant authorities.
Chapter IV Legislation
Seventeenth to meet the admissibility conditions of criminal complaints, should be designated to review the undertaker, and explain the handling situation:
(a) after examination, it is considered that it meets the conditions for filing a case for examination, and it shall make a criminal complaint report for filing a case for examination and put forward opinions on filing a case for examination;
(two) after examination, that does not meet the conditions for filing a case for review, you can put forward closing opinions. For the review of the transferred volume, a criminal appeal review report shall be made.
Article 18 A criminal complaint that meets one of the following conditions shall be filed for examination after being approved by the department head or the procurator-general:
(a) the original decision, judgment or ruling may be wrong;
(two) the victim or the person who is not prosecuted refuses to accept the decision not to prosecute and lodge a complaint within seven days after receiving the decision not to prosecute;
(3) assigned by the people's procuratorate at a higher level or the procurator-general of our hospital.
Nineteenth the original decision, judgment or ruling may indeed be wrong, it should be reviewed from the following aspects:
(1) Whether the facts ascertained in the original decision, judgment or ruling are wrong;
(two) whether the complainant put forward new facts or evidence, which may change the original conclusion;
(3) Whether the evidence on which the final decision is based is true and sufficient;
(four) to determine whether the evidence of the case is contradictory or may be illegal;
(5) Whether the applicable law is correct;
(six) whether the treatment is appropriate;
(seven) whether there is a serious violation of the proceedings;
(eight) whether there is corruption, bribery, favoritism, perverting the law in the process of handling cases;
(nine) whether there are other errors in the original decision, judgment or ruling.
Article 20 If a criminal refuses to accept the decision of the people's procuratorate to terminate the lawsuit, and the people's procuratorate at two levels files a case for examination and adopts the form of public examination, if the complainant fails to put forward new sufficient reasons, the case will not be filed for examination.
An appeal against a legally effective criminal judgment or ruling of a people's court, which has been handled by a people's procuratorate at two levels and reviewed by a people's procuratorate at the provincial level, will not be put on file for review, except that the defendant in the original trial may be acquitted or there are other major errors in the judgment or ruling.
Baidu Encyclopedia-Provisions of the People's Procuratorate on Examining Criminal Appeal Cases