criminal case
(1) Preliminary stage:
1 investigation stage (including self-investigation by procuratorate): 6000- 18000 yuan;
2 review and prosecution stage: 6000-30000 yuan;
3. Trial period: 8,000-50,000 RMB;
4. Negotiation fee (complexity of the case, object of civil litigation, etc.). ) between private prosecution and incidental civil action.
5. For major and difficult cases involving national security crimes, crimes involving black and evil, and drug crimes, the agency fee shall be charged at twice the above standard.
If it is necessary to travel in different places because of handling a case, the entrusting party shall bear the transportation, accommodation and long-distance telephone charges, which can be reimbursed through negotiation or used at one time.
(2) The second trial stage
1 If it does not represent the first instance but only the second instance, the agency fee will be charged according to the standard of the first instance, and other handling fees will remain unchanged;
2. For cases that have been represented in the first instance, the agency fee is charged at half of the first instance fee, and other handling fees remain unchanged;
For cases sent back for retrial after the second trial, the agency fee is charged at half of the second trial fee, and other handling fees remain unchanged.
(3) retrial (appeal) stage
1 represents a retrial (appeal) case that does not represent the first and second instance. The agency fee is charged according to the standard of first instance, and other handling fees remain unchanged.
2 cases that have been represented in the first or second instance, the agency fee shall be charged at half of the first or second instance fee. Other handling fees remain unchanged.
2. How long is the appeal period of criminal judgment?
If the defendant, the private prosecutor and his legal representative, the defendant's defender, close relatives, parties involved in incidental civil litigation and his legal representative refuse to accept the judgment of first instance of the local people's court, they must appeal to the people's court that originally tried or the people's court of second instance within 10 days after receiving the judgment of the people's court. The appellant refuses to accept the ruling of first instance of the local people's courts at all levels, and the time limit for filing an appeal is 5 days. After the court of first instance makes a judgment or ruling, the defendant, the private prosecutor, the parties involved in the incidental civil action and their legal representatives shall file an appeal within the statutory time limit.
Those who have the right to appeal include the defendant, the private prosecutor and their legal representatives. 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 parties to a criminal incidental civil action refer to the plaintiff and the defendant in the incidental civil action. Close relatives refer to husbands, wives, fathers, mothers, sons, daughters and brothers and sisters.
The appeal period shall be counted from the second day after receiving the judgment or ruling. During the appeal, the appeal has legal effect. It means that the case has to go through the second instance procedure. Beyond this time limit, the appeal and protest will have no legal effect, and the judgment and ruling of the first instance will take effect. However, there are also special circumstances. If the parties delay the appeal period due to irresistible reasons or other legitimate reasons, they may apply to continue the litigation activities that should be completed before the expiration of the time limit within 5 days after the obstacle is removed. Whether to approve or not shall be decided by the people's court. If there is no justifiable reason, the people's court shall immediately rule to reject the application.
Article 183 of the Criminal Procedure Law stipulates that the time limit for appealing and protesting against a judgment is ten days, and that for appealing and protesting against a ruling is five days, counting from the second day after receiving the judgment or ruling.
Article 180 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.
Third, what is the appeal procedure?
(a) the appeal must be made by a person who has the right of appeal or can exercise the right of appeal according to law. Plaintiffs, defendants and third parties who have independent claims in civil and economic disputes have the right of appeal. A third party who has no independent claim has the right to appeal if it is confirmed in the judgment of first instance that it has assumed the obligation. The appeal period for civil and economic disputes is 15 days; The appeal period for civil and economic disputes is 10 day; The appeal period shall be counted from the second day after receiving the judgment or ruling of the first instance, and no appeal shall be allowed beyond the time limit.
(two) the appeal shall be submitted, and a copy of the appeal shall be attached according to the number of the other parties, and the appeal fee shall be paid in advance. The appeal shall specify the names of the appellant and the appellee (the legal person shall specify the name and position of the legal representative) and other basic information, the name, cause of action and number of the people's court that originally tried the case, the request and reasons for the appeal, etc.
(three) the appeal shall generally be submitted to the people's court that originally tried the case, and the acceptance fee for the appeal case shall be paid in accordance with the regulations, and the people's court that originally tried the case shall transfer it to the people's court at the next higher level. The appellant may also directly appeal to the people's court at the next higher level than the people's court that originally tried the case.
From the above analysis and introduction, we can know that the appeal period of criminal judgment is within 10 days after receiving the people's court judgment, but in the case of criminal ruling, the appeal period is within 5 days after receiving the people's court judgment. After the statutory appeal period, the parties can only apply for retrial.
Many times we appeal to protect our own interests, and we have to pay relevant fees when we appeal, so we have to calculate the appeal fees when we appeal. The above is the knowledge of related expenses found for everyone on the Internet, hoping to help you solve related expenses problems! If in doubt, please consult a lawyer here.