Relevant laws and regulations:
Article 10 of the Supreme People's Court's Opinions on Standardizing the Work of Filing Cases for Retrial in People's Courts (Trial)? If the complainant in a criminal case files a complaint within two years after the execution of the penalty, the people's court shall accept it; If the complaint time exceeds two years, it shall be accepted under any of the following circumstances:
(1) The defendant in the original trial may be acquitted;
(2) The defendant in the original trial filed a complaint with the people's court within the time limit stipulated in this article, and the people's court refused to accept it;
(3) Difficult, complicated or major cases.
If it does not conform to the provisions of the preceding paragraph, the people's court shall not accept it.
2. Individual complaints can be made. When lodging a complaint with the people's procuratorate, the complainant shall submit a complaint, identity certificate, relevant legal documents and evidence materials or evidence clues.
Identity certificate refers to a natural person's resident identity card, military officer's card, soldier's card, passport and other valid documents that can prove his identity; A copy of the business license of the legal person or other organization, the organization code certificate and the identity certificate of the legal representative or principal responsible person and other valid certificates. The people's procuratorate shall keep a copy of the verified identity certificate.
Relevant legal documents refer to the written decision made by the people's procuratorate, the written decision of criminal appeal review, the notice of criminal appeal review, the notice of criminal appeal review result or the written judgment or ruling made by the people's court.
According to Article 14 of the Criminal Procedure Rules of the People's Procuratorate (Trial), the complaint submitted by the complainant shall contain the following items:
(1) The name, gender, date of birth, nationality, occupation, work unit, domicile and effective contact information of the complainant, the name and domicile of the legal person or other organization, and the name, position and effective contact information of the legal representative or principal responsible person;
(two) the appeal request and the facts and reasons on which it is based;
(three) the signature, seal or fingerprint of the complainant and the time of complaint.
If the complainant does not have the writing ability and complains orally, a written record shall be made, signed by the complainant or fingerprinted.
Article 15 The People's Procuratorate shall accept the complaints of the parties to a private prosecution case, their legal representatives and close relatives against the legally effective criminal judgments and orders of the people's court, and the complaints of the parties to a civil incidental criminal lawsuit, their legal representatives and close relatives against the legally effective criminal incidental civil judgments and orders of the people's court. However, unless the complainant complains about the judgment or ruling made by the people's court because the parties to the original case and their legal representatives voluntarily give up their litigation rights or fail to perform the corresponding litigation obligations.