Petitions can be divided into criminal petitions, civil petitions, criminal petitions with civil petitions, administrative petitions and administrative petitions with civil petitions.
Regardless of whether the relevant judgment has been appealed, the appellant may file an appeal without time limit, but filing an appeal cannot stop the execution of the judgment or ruling.
1. Which court should the complainant apply to?
When a complainant files an appeal against a criminal judgment or ruling that has taken effect, he should first file it with the people's court that made the effective judgment. After the appeal is rejected, you can appeal to the people's court at the next higher level.
It should be noted that for cases reviewed or retried by the Higher People's Court, the parties may appeal to the Supreme People's Court, except for cases that are concluded according to law.
2. What is the appeal procedure and what materials should be submitted?
1. Complaints and acceptance
According to the provisions of the Criminal Procedure Law, complaints from the parties, their legal representatives, and close relatives can be submitted to the People's Court or the People's Procuratorate. The following only describes the procedure for filing a complaint with the People's Court.
(1) Complaint submission
When complaining to the People’s Court, the complainant shall submit the following materials:
(1) The complaint shall state the basic information of the parties concerned. circumstances, facts and reasons for the complaint;
(2) The original judgment or ruling of the first or second instance that has been reviewed or retried by the People’s Court shall be accompanied by a rejection notice, retrial judgment or ruling;
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(3) If there is new evidence proving that the facts determined by the original referee are indeed wrong, a list of evidence, a list of witnesses and copies or photos of the main evidence shall be attached; if the people's court needs to investigate and collect evidence, it shall be attached Evidence trail. If it does not comply with the provisions of the preceding paragraph, the people's court will not review it. Appeal hearing
Legal basis: Article 241 of the "Criminal Procedure Law"
The parties, their legal representatives, and close relatives may file a lawsuit against a legally effective judgment or ruling. The people's court or the people's procuratorate files a complaint, but it cannot stop the execution of the judgment or ruling.