There is a limit to the number of appeals in criminal cases. Under normal circumstances, a complainant can only appeal to the same people's court once for the same criminal case. A criminal case rejected by a people's court at two levels in accordance with the procedure of trial supervision shall be rejected by the people's court if the parties appeal again without new sufficient reasons.
The complaint materials include the following contents:
1. appeal: the appeal is the main material of the appeal, and the request, reasons and evidence of the appeal should be clear. If there is a lawyer, it can be written or audited by a lawyer, and it needs the signature of the parties or lawyers;
2. Original judgment or ruling: If it is an appeal, the original judgment or ruling must prevail;
3. Evidence materials: the existing evidence materials should be listed in the appeal, and the original or photocopy of the evidence materials should be provided at the same time as the appeal materials, or they can be submitted at the request of the court;
4. Other relevant materials: According to the actual situation, it may be necessary to provide other relevant materials, such as legal agent's identity certificate, power of attorney, receipt, etc.
The appeal procedure is as follows:
1. Proposed appeal: The parties or their entrusted lawyers shall write an appeal according to the judgment or ruling of the original trial, explaining the appeal request, reasons and evidence, etc.
2. Submit the appeal: submit the appeal together with the original judgment or ruling to the higher court and pay the appeal acceptance fee;
3. Accepting the appeal: the higher court accepts the appeal and informs the appellee to submit a reply;
4. Review of appeals and pleadings: the higher court reviews appeals and pleadings to decide whether to hold a hearing or a written hearing;
5. Trial or written trial: If a trial is required, the higher court will notify both parties and lawyers to be present for trial; If it is a written trial, both parties and lawyers need to debate through written materials;
6. Trial: The higher court hears the appeal request according to the facts of the case and the provisions of the law, and makes a ruling to amend the judgment or reject the appeal;
7. Sending the judgment: The superior court will serve the judgment on the parties and inform them of the time limit and ways of appeal.
To sum up, an appeal is a lawsuit in which the parties declare that they are not satisfied with the legally effective judgment or ruling of the first instance within the statutory time limit, and request the people's court at a higher level to hear it and cancel the original judgment or ruling.
Legal basis:
Article 17 1 of the Civil Procedure Law of People's Republic of China (PRC).
If a party refuses to accept the judgment of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served.
If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.
Article 177
After hearing the case, the people's court of second instance shall deal with it according to the following circumstances:
(a) the original judgment or ruling found that the facts were clear and the applicable law was correct, and the judgment or ruling rejected the appeal and upheld the original judgment or ruling;
(two) the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the judgment was revised, revoked or changed according to law;
(3) If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained;
(4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial.
After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.