Protest refers to the litigation activities in which the people's procuratorate considers that the judgment or ruling made by the people's court is indeed wrong and submits a retrial request to the people's court according to law. In our country, protest is a legal supervision right entrusted by law to the people's procuratorate to exercise on behalf of the state.
The Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision if it finds that the legally effective judgment or ruling of the people's court at all levels is wrong, and the people's procuratorate at a higher level has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision.
The people's procuratorate shall lodge a protest under the following six circumstances:
1. The legal facts for finding the defendant guilty are unclear, and the evidence for accusing the crime is insufficient;
2. There is reliable and sufficient evidence to prove that the defendant is guilty, but he is acquitted, or he is investigated for innocence according to law;
3. The application of legal errors makes felony light and misdemeanor heavy;
4. There is an error in the determination of the defendant's charges, and several crimes for one crime or several crimes are combined, resulting in excessive sentencing;
5. Exempting the defendant from criminal punishment or applying probation without statutory exemption from criminal punishment or declaring probation;
6. The people's court seriously violated the proceedings in the process of hearing the case.
legal ground
The Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC)
Article 383 stipulates that the people's court shall not accept a party's application for retrial under any of the following circumstances:
(1) Re-applying after the application for retrial is rejected.
(2) applying for a retrial judgment or ruling.
(3) The people's procuratorate applies after making a decision not to propose a retrial or protest against the application of the parties.
Article 72 of the criminal law
Applicable conditions A criminal sentenced to criminal detention or fixed-term imprisonment of not more than three years may be suspended if he meets the following conditions at the same time. Among them, people under 18 years old, pregnant women and people over 75 years old should stop taking:
(a) the circumstances of the crime are relatively minor;
(2) showing repentance;
(3) There is no danger of committing a crime again;
(four) the announcement of probation has no significant adverse effects on the community where he lives.