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Calculation of Effective Time of Criminal Judgment
Release time: 20 19-05-28 Source: French Evening Express Author: Bian Xiao.
Criminal judgment, as a legal document, has legal effect and is binding on both parties, and China's criminal law also clearly stipulates the effective time of criminal judgment, so what is the calculation of the effective time of criminal judgment? In view of this problem, the following legal express Bian Xiao answers your doubts, hoping to help you.
Criminal judgment, as a legal document, has legal effect and is binding on both parties. China's criminal law also clearly stipulates the effective time of criminal judgment. What is the calculation of the effective time of criminal judgment? In view of this problem, the following legal express Bian Xiao answers your doubts, hoping to help you.
Calculation of Effective Time of Criminal Judgment
I. Calculation of the Effective Time of Criminal Judgment
1. After a criminal case is pronounced in the first instance, the appeal period is within ten days from the second day when the judgment is served on the parties. The validity of the first-instance judgment should be determined during the appeal.
2. If there is no protest during the appeal period, the judgment will take effect on the day after the expiration of the appeal period. If the last day of the appeal period is a holiday, the first day after the holiday is the expiration date.
3. Under normal circumstances, the appeal period is from the second day to the tenth day from the date when the judgment is served, and the eleventh day is the date when the judgment becomes effective. The tenth day is a holiday, the first day after the holiday is regarded as the tenth day, and the next day is the effective date of the judgment. During the appeal period, if the parties file an appeal or the procuratorial organ protests, the effectiveness of the first-instance judgment will always be pending.
Second, what should I do if I refuse to accept the criminal judgment?
1, apply to the procuratorate for protest; If the procuratorate does not protest, after the judgment takes effect, the victim may appeal and ask for a retrial.
2. Article 182 of the Criminal Procedure Law stipulates that if the victim and his legal representative refuse to accept the judgment of first instance of the local people's courts at all levels, they have the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the request.
3. Lawyers, appointed defenders or I may appeal to the people's court at the next higher level in writing within ten days after receiving the judgment of first instance. Even if the appeal is rejected, it will not aggravate the original sentence, but the appeal and protest of the procuratorate can be aggravated by the people's court at a higher level.
Third, how to go through the criminal appeal procedure.
1, institute criminal proceedings.
The filing of a criminal complaint refers to the legal litigation form in which the judicial organ accepts the complainant's complaint. Article 6 of the Interim Provisions stipulates: "After receiving the complaint, the people's court shall register and carefully examine it. The people's court of first instance shall file a case when examining and handling a criminal complaint. " This shows that when the complainant files a complaint, the people's court or the people's procuratorate should file a case in the form of a document under the jurisdiction of the court. As for the conditions for lodging a complaint, it should not be too harsh. As long as it is preliminarily confirmed that the complainant has the qualification of the subject of complaint, certain reasons shall be put forward within the statutory time limit. The competent court or people's procuratorate shall file a case for examination.
2. Review of criminal complaints
After accepting a complaint, the people's court or the people's procuratorate shall conduct a comprehensive review, which is not limited by the reasons for the complainant's complaint. The contents of the review shall include:
(1) the facts of the case. Finding out the facts of the case is the primary task of reviewing the complaint. During the review, the case file of the original trial shall be retrieved for review, and the reasons and evidence put forward by the complainant shall be analyzed and studied, and compared with the facts identified in the case file, so as to determine whether the facts identified in the judgment of the original trial are clear and definite, and whether the evidence is true and sufficient. If new facts are discovered, it is necessary to find out whether there is sufficient evidence.
(2) Whether the applicable law is correct. This is an important part of reviewing the legal aspects of complaints. The so-called applicable law means that it should be based on the law in force at the time of sentencing. Generally, old cases cannot be overturned according to the new law. Only the corresponding new laws formulated to correct the wrong laws in the past can be used as the basis for appeal review and retrial.
3. Handling of review results
After reviewing the criminal complaint, the original people's court of final appeal considers that the original judgment or ruling is correct, and then persuades and educates the complainant to make him obey the judgment and complaint; Insist on unreasonable complaints, can be refused by written notice. And told the complainant that he could not appeal again. After examination, it is found that the original judgment is indeed wrong and needs to be retried, and a collegial panel shall be formed separately for retrial in accordance with the procedure of trial supervision.
Cases after retrial. If a party who is acquitted or exempted from criminal punishment after retrial has a job in the aftermath, the people's court that originally tried the case shall hand it over to the original unit or the competent department at a higher level for execution; If there is no job, it will be handed over to the relevant departments of the local people's government for handling.
The above is the relevant knowledge about the calculation of the effective time of criminal judgment, which is introduced in detail by Bian Xiao Law Express. Criminal cases in China may be divided into first instance and second instance, and the judgments of first instance and second instance have different effects.