Criminal Procedure Law of the People's Republic of China
Article 202 All judgments shall be publicly announced.
If a verdict is pronounced in court, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution within five days; If the sentence is pronounced on a regular basis, it shall be served on the parties concerned and the people's procuratorate that initiated the public prosecution immediately after the announcement. The written judgment shall be served on the defender and the agent ad litem.
Article 230 The time limit for an appeal or protest against a judgment is ten days, and that for an appeal or protest against a ruling is five days, counting from the day after the judgment or ruling is received.
Extended data:
Criminal Procedure Law of the People's Republic of China
Article 234 When trying the following cases, the people's court of second instance shall form a collegial panel:
(a) the defendant, the private prosecutor and his legal representative raised objections to the facts and evidence ascertained in the first instance, which may affect the conviction and sentencing;
(2) An appeal case in which the defendant was sentenced to death;
(3) Cases protested by people's procuratorates;
(4) Other cases that should be heard in court.
If the people's court of second instance decides not to hold a hearing, it shall interrogate the defendant and listen to the opinions of other parties, defenders and agents ad litem.
The people's court of second instance may hear an appeal or protest case in the place where the case occurred or in the people's court that originally tried the case.
Article 236 After hearing an appeal or protest case against the judgment of first instance, the people's court of second instance shall handle it separately according to the following circumstances:
(a) the original judgment found the facts and applicable laws correct, and the sentence was appropriate, so the appeal or protest was rejected and the original judgment was upheld;
(two) the original judgment found that the facts were not wrong, but the applicable law was wrong, or the sentence was improper, and the judgment should be revised;
(3) If the facts in the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained; You can also make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for a new trial.
If the defendant appeals or the people's procuratorate protests after the people's court of first instance has made a judgment on the case sent back for retrial in accordance with the provisions of the third paragraph of the preceding paragraph, the people's court of second instance shall make a judgment or ruling according to law and will not send it back to the people's court of first instance for retrial.
References:
The Supreme People's Procuratorate-People's Republic of China (PRC) Code of Criminal Procedure