Direct prosecution system is an important relief measure in the judicial system, aiming at protecting the legitimate rights and interests of criminal suspects or defendants and promoting judicial justice and procedural justice. In a direct appeal, the complainant may provide evidence and materials to the judicial organ at the next higher level or the people's procuratorate to explain that the original decision was wrong or improper and request a retrial.
The procedure of direct complaint generally includes the complainant filing a complaint with the original handling organ and submitting relevant evidence and materials; The original handling organ shall review the complaint materials and decide whether to accept them; If accepted, it will be retried. If it is decided to maintain the original decision, the appeal materials shall be transferred to the higher judicial organ or the people's procuratorate.
The judicial organ at the next higher level or the people's procuratorate shall examine the complaint materials and decide whether to accept them; If accepted, it will be retried. If it decides to maintain the original decision, it shall return the complaint materials to the original handling organ.
In the process of direct complaint, the complainant may entrust a lawyer to represent the complaint. Lawyers can help the complainant analyze the case, provide legal advice and prepare evidence and materials. At the same time, lawyers can also represent the complainant in court to defend and make statements.
The function of direct appeal system in judicial practice;
1, the direct prosecution system is conducive to protecting the legitimate rights and interests of criminal suspects or defendants. In criminal cases, if a criminal suspect or defendant refuses to accept the decision of the judicial organ, he may seek relief through direct prosecution.
By appealing to the judicial organ at a higher level or the people's procuratorate, evidence and materials can be provided to explain the error or impropriety of the original judgment and request a retrial of the case. This will help protect their legitimate rights and interests and prevent the occurrence of unjust, false and wrong cases.
2. The direct prosecution system is conducive to promoting judicial justice and procedural justice. In the process of direct prosecution, the complainant may provide evidence and materials to the judicial organ at the next higher level or the people's procuratorate to explain that the original decision was wrong or improper.
This will help the higher judicial organs or people's procuratorates to re-examine the case, find possible mistakes or irregularities, and correct them in time. This will help to ensure the fairness and legality of case handling and enhance the public's trust and recognition of the judiciary.
3. The direct prosecution system is also helpful to improve the construction of the judicial system. Through the legal channel of direct prosecution, the public can put forward their own opinions and demands to the judicial organs, which is helpful to promote the communication and interaction between the judicial organs and the public. At the same time, the direct prosecution system can also promote the judicial organs to reflect on and improve their own work and constantly improve the construction of the judicial system.