Direct prosecution cases refer to cases where arrests are made without the approval of the procuratorate or cases where the public security organ deems the circumstances to be minor and require bail pending trial, and are directly transferred to the procuratorate for review and prosecution after the investigation is completed.
Dissatisfied with the judgment of a direct appeal case heard by the court
1. You can appeal against the judgment of a direct appeal case heard by the court. The appeal period is five days. The period of appeals and protests against judgments is ten days, and the period for appeals and protests against rulings is five days, starting from the second day after receipt of the judgment or ruling.
2. The defendant, private prosecutor and his legal representative have the right to appeal. If the defendant, private prosecutor and his or her legal representative are dissatisfied with the first-instance judgment or ruling of the local people's court at any level, they have the right to appeal in writing or orally to the people's court at the next higher level. The defendant's defender and close relatives may appeal with the defendant's consent.
3. The parties to an incidental civil lawsuit and their legal representatives may file an incidental civil lawsuit against the judgments and rulings of the local people's courts of first instance at all levels.
Whether it is a direct prosecution case or other types of cases, the court needs to follow the established process and conclude the case within the established time limit. After the case is concluded, a judgment needs to be issued. If a criminal suspect or defender is dissatisfied with the judgment and has evidence to prove that he should be subject to other punishments or should not be punished, he may appeal to the court.
There are two types of direct litigation cases:
1. When the public security organ requests arrest, the procuratorate decides not to arrest after review, and then transfers the case for prosecution;
2. After sufficient coordination and consultation in advance, the public prosecutor's office and the procuratorate jointly formulate normative documents. When a criminal suspect meets the conditions for direct prosecution, the public security organs will directly transfer him or her for prosecution without submitting arrest procedures. For example, in dangerous driving cases, direct prosecution is generally applicable.
According to the provisions of Articles 159, 160, and 161 of the Criminal Procedure Law, before the conclusion of the case investigation, the investigative agency shall listen to the opinions of the defense lawyer and record them in the record. If the defense lawyer submits written opinions, they shall be attached to the file. When the investigation agency writes a prosecution opinion and transfers the case file materials and evidence to the People's Procuratorate at the same level for review and decision, it shall also inform the criminal suspect and his defense lawyer of the case transfer status.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 163: During the investigation process, criminal suspects found shall not be subject to criminal prosecution If found responsible, the case should be dismissed. Criminal suspects who have been arrested should be released immediately, issued with a release certificate, and the People's Procuratorate that originally approved the arrest should be notified.
Article 176: If the People’s Procuratorate believes that the criminal suspect’s criminal facts have been ascertained, the evidence is reliable and sufficient, and criminal responsibility should be investigated in accordance with the law, it shall make a decision to prosecute and submit the case to the court in accordance with the provisions of trial jurisdiction. The People's Court initiates a public prosecution and transfers the case files and evidence to the People's Court. If a criminal suspect pleads guilty and accepts punishment, the People's Procuratorate shall make sentencing recommendations on the main penalty, additional penalties, and whether suspended sentences are applicable. , and obtain confessions, confession statements and other materials along with the case.