Appeals of second instance in criminal cases shall be filed with the court of first instance or directly with the court of second instance. If the defendant, private prosecutor, plaintiff and defendant in incidental civil action appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal together with the case file and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party.
Legal objectivity:
Article 231 of the Criminal Procedure Law If the defendant, the private prosecutor, the plaintiff in an incidental civil action and the defendant appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal together with the case file and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party. If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall send the appeal to the people's court that originally tried the case within three days, and send a copy to the people's procuratorate at the same level and the other party.