(2) Review the evidence. The court at the next higher level may examine the evidence submitted by the applicant, and may request the public security organs, judicial authentication institutions and experts to provide supplementary evidence;
(3) listening. When the court at the next higher level deems it necessary, it may hold a hearing and require the applicant and relevant witnesses to testify in court;
(4) make a ruling. The court at the next higher level shall make a ruling on the applicant according to the examination results and the trial situation, and notify the applicant in writing.
The criminal reconsideration procedure is that the defendant, the private prosecutor and their legal representatives refuse to accept the first-instance judgment or ruling of the local people's courts at all levels and appeal to the people's court at the next higher level in written or oral form. Then the court of first instance transferred the case file to the court of second instance. The court of second instance decides whether to accept or not.
I. Criminal Reconsideration Review Procedure-Application
In the process of handling criminal cases, the following relevant personnel may apply for criminal reconsideration to the public security organ that made the decision according to law:
(1) If the party refuses to accept the decision to reject the application for withdrawal, the party concerned, his legal representative, agent ad litem and defense lawyer may raise it;
(2) If he refuses to accept the decision to confiscate the deposit, the person who has been released on bail pending trial or his legal representative may raise it.
(3) If the guarantor refuses to accept the penalty decision, he may propose it himself;
(four) the complainant refuses to accept the decision not to file a case, you can put forward;
(five) if the administrative organ that transferred the case refuses to accept the decision not to file a case, it may submit it to the administrative organ.
Second, the criminal reconsideration review procedure-acceptance and review
After receiving the application for criminal reconsideration review, the criminal reconsideration review institution shall conduct a preliminary examination on whether the application meets the following conditions at the same time:
(1) Being accepted by this organ;
(2) The applicant has legal qualifications;
(3) There is a clear request for criminal reconsideration and review;
(4) Belonging to the scope of criminal reconsideration and review;
(five) put forward within the prescribed time limit;
(6) The attached materials are complete.
The institution for criminal reconsideration and review shall, within five working days from the date of receiving the application for criminal reconsideration and review, make the following treatments respectively:
(a) in line with the conditions stipulated in article fourteenth, to be accepted;
(two) does not meet the conditions stipulated in article fourteenth of these provisions, shall not be accepted. If the organ refuses to accept it, it shall inform the applicant to submit it to the public security organ that has the right to accept it;
(3) If the application materials are incomplete, the applicant shall be notified in writing to supplement the relevant materials within five working days, and the time limit for criminal reconsideration and review shall be counted from the date of receiving the supplementary materials from the applicant.
After the public security organ has made a decision on criminal reconsideration and review, if the relevant personnel apply for criminal reconsideration and review again on the same matter, it will not be accepted.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 227 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 various 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.