Chapter V Trial Supervision Procedure of Criminal Procedure Law
Article 252 The parties, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against a legally effective judgment or ruling, but the execution of the judgment or ruling shall not be suspended.
Article 253 The people's court shall retry the appeal of the parties, their legal representatives or close relatives in any 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.
Extended data:
Complaint type
Litigation appeal refers to the behavior that the parties, the victims and their families or other citizens who know the case think that the legally effective judgment or ruling of the people's court is wrong and ask the people's court or the people's procuratorate to handle and correct it according to law.
Non-litigation appeal refers to the behavior that citizens, enterprises, institutions and other units refuse to accept the handling, punishment or disciplinary action of the administrative department because of their legitimate rights and interests, and demand that the department or its higher authorities handle and correct it again.
When the complainant files a lawsuit, he can ask a lawyer for help. In civil cases and economic cases, you can also ask a lawyer to represent the complainant.
For non-litigation complaints, if they are civil issues such as economic contract disputes and injury compensation, they can be resolved through mediation and arbitration. According to the provisions of the Lawyers Law and the Civil Procedure Law, the complainant may entrust a lawyer as his agent; For complaints about other issues, lawyers can only write complaints on their behalf, provide legal and policy advice, and cannot accept entrustment or represent litigation.
Appeal refers to a kind of litigation request that the parties and their legal representatives put forward to the people's court of first instance and the people's court at a higher level to re-handle the legally effective judgment, ruling and mediation.
During the appeal, the original judgment or ruling shall not be suspended.
If the complaint is considered reasonable, the president shall submit it to the judicial Committee for discussion and decision whether to retry.
References:
China government network-criminal procedure law
References:
Baidu Encyclopedia-Appeal