What is required for an appeal?

1. What materials need to be submitted when making an appeal?

1. Appeal.

A copy of the appeal petition, and submit the corresponding copy according to the specific circumstances.

(1) Natural person appeal:

The appeal petition shall state the information of the appellant, the appellee and other parties involved in the original trial (including name, gender, date of birth, ethnicity, education level , domicile, occupation, contact information) and litigation requests;

(2) Legal person appeal:

The appeal letter shall state the full name, domicile, organization code, and legal representative of the legal person Name and ID number and contact information.

2. Materials proving the appellant’s subject qualifications.

(1) When a natural person files an appeal, he or she must provide a copy of the appellant’s ID card;

If a close relative acts as agent, a power of attorney and a copy of the trustee’s ID card must be submitted;

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A lawyer must issue a copy of the lawyer's practicing license, an official letter from the law firm and a power of attorney.

(2) If the appellant is a legal person, the following should be provided:

A copy of the legal person’s business license;

A copy of the organization code;

< p>Identity certificate of the legal representative or person in charge;

Copy of ID card of the legal representative or person in charge,

Power of attorney;

Identity of the principal A copy of the certificate;

(The above must be stamped with the official seal).

If the trustee is a lawyer, a copy of the lawyer's practice license and an official letter from the law firm should be issued separately.

3. Copies of valid legal documents.

That is, a copy of the judgment, ruling or other legal document.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China".

Article 233: Appeal cases accepted by the People’s Court shall generally have the original and a copy of the appeal.

The contents of the appeal petition shall include: the first-instance judgment, the document number of the ruling and the time when it was received by the appellant; the name of the Court of First Instance; the request and reasons for the appeal; the time when the appeal was filed; the appellant’s signature or stamp. If the defendant's defender or close relative appeals with the defendant's consent, the defendant shall also explain the relationship between the appellant and the defendant and treat the defendant as the appellant.

Article 234: If the defendant, private prosecutor, plaintiff or defendant in an incidental civil action appeals orally because it is really difficult to write an appeal, the people's court of first instance shall make an oral appeal based on his statement. A transcript of the reasons and request shall be prepared and read to the appellant or, after being read out, the appellant shall sign or seal it.

Article 236: If a defendant, private prosecutor, plaintiff or defendant in an incidental civil action appeals through the People's Court of first instance, the People's Court of first instance shall review whether the appeal complies with legal provisions. According to legal provisions, the appeal petition, together with the case files and evidence, should be transferred to the People's Court at the next higher level within three days after the expiration of the appeal period, with copies sent to the People's Procuratorate at the same level and the other party.

Article 237: If the defendant, private prosecutor, plaintiff or defendant in an incidental civil action directly appeals to the People’s Court of Second Instance, the People’s Court of second instance shall, after receiving the appeal, Within three days, the appeal will be submitted to the People's Court of First Instance. The people's court of first instance shall review whether the appeal complies with legal provisions. If the legal conditions are met, the appeal petition, together with the case file materials and evidence, shall be transferred to the people's court at the next higher level within three days after receiving the appeal petition, and a copy of the appeal petition shall be sent to the People's Procuratorate at the same level and the other party.

The specific circumstances of the appeal need to be determined strictly in accordance with the provisions of the above-mentioned laws. Especially for different cases, parties need to submit different evidence to prove illegal facts, and the court needs to comprehensively consider different evidence to make a judgment.