Handling process of the defendant's appeal:
1. After receiving the other party's complaint, you should first actively and seriously study the other party's complaint or the corresponding evidence, form your own defense opinion according to the other party's complaint request, collect new evidence in favor of yourself in time according to the other party's complaint content and submitted evidence when necessary, and submit the evidence to the court of second instance within the time limit prescribed by the court.
2. After that, you should participate in court cross-examination or trial activities on time and submit a copy of your ID card to the court. If it is a company, you should submit the legal representative's identity certificate, industrial and commercial registration and unified social code registration information to the court.
3. In addition, if the parties have no relevant professional legal knowledge or operational experience, it is recommended to entrust a lawyer to participate in the litigation in time. Only in this way can they better protect their legitimate rights and interests.
The process of appeal:
1, the complaint must be submitted first;
2. The appeal shall be filed through the people's court that originally tried the case, and copies shall be submitted according to the number of the other party or representative;
3. After receiving the appeal, the people's court that originally tried the case shall serve a copy of the appeal to the other party within five days, and the other party shall submit a reply within fifteen days from the date of receipt;
4. The people's court of second instance shall examine the relevant facts of the appeal and the applicable law.
A case retried by the people's court in accordance with the procedure of trial supervision shall be handled according to the following circumstances after trial:
1。 If the facts are clearly ascertained in the original judgment or ruling, the evidence is true and sufficient, the nature is accurate, the applicable law is correct, and the sentence is appropriate, the ruling shall reject the appeal or protest and uphold the original judgment.
2。 If there are no mistakes in the facts of the crime as determined in the original judgment or ruling, but there are mistakes in the application of the law or improper sentencing, the original judgment shall be revoked and the sentence shall be changed.
3。 In a case where the defendant should be punished for several crimes, if the original judgment or ruling did not convict and sentence separately, the original judgment should be revoked and the sentence should be re-convicted.
4。 If the facts of the original judgment or ruling are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained, or the original judgment may be revoked and sent back to the people's court that originally tried the case for retrial.
5。 If the facts identified in the original judgment or ruling are unclear and the evidence is insufficient, and the defendant cannot be found guilty after retrial, the defendant shall be declared innocent on the grounds that the evidence is insufficient and the accused charges cannot be established.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis: Article 167 of the Civil Procedure Law of People's Republic of China (PRC).
When the people's court of first instance receives the appeal, it shall serve a copy of the appeal to the other party within five days, and the other party shall file a reply within fifteen days from the date of receipt. The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. If the other party fails to submit the defense, it will not affect the trial of the people's court. After receiving the appeal and defense, the people's court of first instance shall submit it to the people's court of second instance together with all the files and evidence within five days.
People's Republic of China (PRC) Civil Procedure Law
The first-instance judgment made by local people's courts at all levels by applying ordinary and summary procedures, the judgment sent back by the second-instance court for retrial, and the ruling on retrial cases in accordance with the first-instance procedure are all appeals. At the same time, the ruling of inadmissibility, the ruling of objection to jurisdiction and the ruling of dismissal of prosecution are all appeals. In addition, the judgments made through special procedures, the final judgment of the court of second instance and the first-instance judgment of the Supreme People's Court are all judgments that cannot be appealed.
Article 294 of the Criminal Procedure Law
The people's court shall serve the judgment on the defendant, his close relatives and defenders. If the defendant or his near relatives are dissatisfied, they have the right to appeal to the people's court at the next higher level. A defender may appeal with the consent of the defendant or his near relatives.
If the people's procuratorate believes that the judgment of the people's court is indeed wrong, it shall lodge a protest with the people's court at the next higher level.