1, find a lawyer. You can use the internet to express your demands effectively;
2. Mail: mail letters to responsible organs and departments;
3. Eliminate the illegal evidence of the original trial and the second trial through retrial procedure, and restore the facts of the case.
1. It does not constitute a crime and the arrest is unfair. First of all, it must be explained that the arrested person must constitute a crime, but if it constitutes a crime, it is not necessary to arrest it. This is because the standard of arrest is not only whether it constitutes a crime, but also whether the person is still socially dangerous. Arrest is mainly aimed at compulsory measures such as bail pending trial, which are not enough to prevent social danger. Simply put, if this person is released outside, will he continue to endanger society, will he escape, will he retaliate against witnesses or interfere with the normal conduct of criminal proceedings? If not, you can get a bail pending trial or live under surveillance, and you don't have to be locked up in a detention center. If you want, you will be arrested.
2. Who can complain?
1, the party-the criminal himself;
2. Close relatives of the parties, including husbands, wives, fathers, mothers, sons, daughters, brothers and sisters.
3. The legal representative of the party refers to the guardian of the criminal who has reached the age of 14, but has not reached the age of 18.
3. What is the way to appeal?
1, to the court;
2. lodge a complaint with the procuratorate.
As for whether to appeal to the court or the procuratorate, we should make the right choice according to the specific circumstances of the case.
4. Which court should I appeal to?
If the first choice is to appeal to the court, according to the provisions of the Interpretation of the Supreme People's Court on Application, the appeal shall be examined and handled by the people's court of final appeal. If you directly appeal to a higher or higher court, the court will generally tell you to appeal to the Court of Final Appeal or directly submit it to the Court of Final Appeal for review, and inform the complainant. This practice of submitting the case to the Court of Final Appeal by a higher court has no special significance for the complainant. Therefore, it will be a waste of time to appeal blindly, and it may be even more time-consuming if it is transferred back to the Court of Final Appeal.
If the case is difficult, complicated or significant, it can also be directly examined and handled.
The above-mentioned court of appeal is a general provision that needs to be observed in most cases. However, if the case is difficult, complicated and significant, the higher court can accept it.
If the second instance is a case decided by the provincial high court, it is sometimes unwise to directly choose the Supreme Court to appeal, unless it is a case that attracts a certain degree of social concern. Because the direct appeal to the Supreme Court, once rejected, will lose the last procedural opportunity. It is better to appeal directly to the Provincial High Court and show grievances to the public rationally. Even if the appeal in the Provincial High Court is unfavorable, there is still a chance to appeal to the Supreme Court.
It is particularly important to note that before the revision of the Criminal Procedure Law of People's Republic of China (PRC) in 20 12, the original judicial interpretation stipulated that the courts that accept and examine appeals "are generally conducted by the people's courts that make legally effective judgments and rulings". However, the new judicial interpretation stipulates the "court of final appeal", which is also ambiguous in judicial practice. So in some cases, even if the right court is chosen, it may be rejected.
Verb (abbreviation of verb) What is "the case is significant and complicated"?
The so-called major, generally refers to murder cases, cases with certain social impact and so on. For example, Huggieler pattern and Nie * Bin case are both major cases, but these two cases are not difficult and complicated.
The so-called difficulty and complexity refers to the identification of the main facts of the case and the characterization of the case, and puts forward subversive reasons that the judicial organs think are reasonable, which is completely different from the identification of the facts and the characterization of the case in the original trial.
The difficulty and complexity of a case are sometimes the personal feelings of the case handlers. For a complicated and difficult case, it may not be complicated and difficult for B. For a case that the judicial personnel didn't find complicated and difficult at first, the lawyer came to a completely opposite conclusion based on the evidence and facts of the same case, and this case became complicated for the judicial personnel.
"The case is significant, difficult and complicated" is the judgment that judicial personnel should make when reviewing appeal cases. Therefore, the reasons for appealing are particularly important, which requires excellent lawyers to show them to the judicial organs reasonably. If the defense lawyer does not find and make such a complaint, the higher procuratorate will not accept it directly. These reasons are equally important for directly presenting them to the people's procuratorate at the same level of the people's court that made the effective judgment or ruling.
legal ground
Article 252 of the Criminal Procedure Law of People's Republic of China (PRC), the parties and their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but the execution of the judgment or ruling cannot be stopped.
Article 253 The people's court shall retry the appeal of the parties, their legal representatives or close relatives in any of the following circumstances:
(a) there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing;
(2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case;
(3) The application of the law in the original judgment or ruling is indeed wrong;
(four) in violation of legal procedures, which may affect the fair trial;
(5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law.