How to write the criminal appeal of the construction death dispute?

I will provide you with a copy of the criminal appeal concerning the dispute over the death of a building: Appellant: ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× On ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The appeal requests the Higher People's Court to cancel the first item of the criminal incidental civil judgment (20××××) of the Intermediate People's Court of Shaoguan City, Guangdong Province, and change the judgment according to law. Facts and reasons. (20××××) The Chinese characterNo. ××× in Shao Law violates the trial level system for the following reasons: 1 The appellant should be tried in the people's court of XX County, not in Shaoguan Intermediate People's Court. There are four defendants in the case of intentional injury causing death in this case, all of whom are accomplices to the crime. This case was tried by the people's court of XX County, a grass-roots court, in 200 ××× years, except that the appellant tried it in Shaoguan Intermediate People's Court in 20 ×××× years. Article 5 of the Interpretation of the Criminal Procedure Law clearly stipulates that as long as one or one of the charges is under the jurisdiction of the people's court at a higher level, the whole case shall be under the jurisdiction of the people's court at a higher level. In other words, the whole case will be tried by XX County People's Court or Shaoguan Intermediate People's Court. Even if the appellant meets the ordinary criminal cases that may be sentenced to life imprisonment or death penalty under the jurisdiction of the intermediate people's court as clearly stipulated in Article 20 of the Criminal Procedure Law, the cases in which the remaining defendants were at large for 200× years will not affect their first trial in Shaoguan Intermediate People's Court. In fact, the appellant was only dealt with at the first instance of Shaoguan Intermediate People's Court. To say the least, even if Shaoguan Intermediate People's Court thinks that criminal cases of first instance under the jurisdiction of lower people's courts can be tried when necessary according to Article 23 of the Criminal Procedure Law, it must issue a decision to change the jurisdiction of the whole case according to Article 15 of the Interpretation of the Criminal Procedure Law or a decision to agree to the transfer of the whole case according to Article 16 of the Interpretation of the Criminal Procedure Law. 2. The appellant was transferred to Shaoguan Intermediate People's Court for trial jurisdiction without knowing the decision to change jurisdiction or not agreeing to transfer. The preconceived idea of the presiding judge doomed the appellant's fate in the first instance: he may be sentenced to life imprisonment or death. 3. The co-defendant was treated differently from other defendants in different levels of trials, which made the appellant get a heavier punishment in the first instance of Shaoguan Intermediate People's Court. How to achieve a legally prescribed punishment for a crime and adapt it to the crime and punishment? ! Two. (20×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× 1. Except for the statutory circumstances, the criminal process and means are not "bad circumstances and cruel means" as mentioned in the judgment. The appellant drank alcohol when committing the crime, and the co-defendants Lan Shandong confessed that "Zhong XX, Huang XX, Liang XX and others also drank too much wine", and Liang XX confessed that "he drank a lot of wine at that time", which can be confirmed. According to witness Chen XX, "Zhong XX hit the man's head with a bamboo stick, and the man's head fell on the side of the road"; Witness Liu XX testified that "Li XX stumbled and fell on the bamboo. After falling on the bamboo, I didn't see anyone hitting Li XX "; The statement of the co-defendant Huang Xxx that "I only saw Zhong Xxx hit the boss on the head with a bamboo stick" and the statement of the appellant that "I hit the man on the head and shoulder with a bamboo stick" all indicate that the appellant didn't hit the victim again after hitting his head with a stick. It can be seen that the appellant killed the victim with a drunken stick. This is essentially different from other intentional injury crimes that use inhuman means such as dismembering the victim and gouging out the eyes to cause death. 2. Judging from the motive of the crime, the environment and conditions when the crime was committed, the appellant's crime was not subjective and vicious. The incident in this case was caused by co-defendants Liang XX and Lan XX tricking the drunken appellant into thinking that the victim was waiting for Liang XX to drive a motorcycle, and the appellant was instructed by Lan XX to participate in beating the victim. This is essentially different from the motive of intentional crime. For example, a sober normal person has never drunk alcohol and has no motivation to directly hit Li XX on the head, causing death. Although a drunken person should bear criminal responsibility for committing a crime, judging from the drunken environment and conditions, we can't expect the appellant to hit the victim's non-vital parts with a bamboo stick very soberly. Judging from the motive, environment and conditions, the appellant in this case is not subjectively vicious. 3. The Appellant has multiple mitigating circumstances. The appellant showed remorse. Before he was brought to justice, he fled from the appellant for eight years, living in fear every day, having nightmares every night and leading an inhuman life. After being brought to justice, the appellant was released with a heavy burden. The appellant can truthfully confess his crimes after being brought to justice, which is a first-time offender and an occasional offender. At the same time, after the appellant knocked down the victim, he tried to wake the victim with water and actively sought help from a doctor, which was only an objective reason and failed to recover the serious consequences caused by the appellant. This should strictly distinguish between general intentional injury and death. Although the appellant caused serious consequences, it did not "cause extremely bad influence on society". Although the appellant's first trial was held in Shaoguan Intermediate People's Court, the trial of this case was held in the People's Court of XXX County, Shaoguan City, Guangdong Province, mainly because Shaoguan Intermediate People's Court thought it was more appropriate to try this case at the place where the crime occurred, so as to make the families of the victims Japanese and let the people receive legal education. Due to the large number of victims' families, the appellant can understand that their families demand severe punishment. However, this cannot be a reason for "causing extremely bad influence on society". The concept of extremely bad social influence itself is the subjective understanding of a presiding judge. Personal subjective knowledge cannot be attributed to the appellant. Three, from the Guangdong Provincial Higher People's Court "Guiding Opinions on Sentencing of People's Courts (Trial)" implementation rules (Trial), the appellant should also be innocent with a suspended death sentence. The detailed rules specifically quantify that the starting point of sentencing is determined within the range of 10 to 15 years' imprisonment because of the appellant's intentional injury, and that the appellant has multiple lighter punishment circumstances determined in the detailed rules and actively helps the victim after committing the crime, which can reduce the benchmark punishment by less than 20%, instead of the death penalty under the condition that the court of first instance has excessive discretion. To sum up, it is hoped that the Guangdong Higher People's Court will implement the criminal policy of combining leniency with severity, enhance the openness of sentencing, realize the balance of sentencing and safeguard judicial justice. Give the appellant a chance to turn over a new leaf and change his sentence according to law. I am here to convey