Legal provisions of criminal appeal

According to the Criminal Appeal Law, the parties, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling. Because the parties, their legal representatives and close relatives have a direct interest in the outcome of the case, in order to safeguard their legitimate rights and interests, the law gives them the right to appeal against legally effective judgments and rulings. The procedure of criminal appeal is as follows:

1, filing a case refers to the legal litigation form in which the judicial organ accepts the complainant's appeal. As long as it is preliminarily confirmed that the complainant has the qualification of the subject of complaint, certain reasons shall be put forward within the statutory time limit. The competent court or the people's procuratorate shall file a case for examination;

2, review, the people's court or the people's Procuratorate shall conduct a comprehensive review after accepting the complaint, should not be limited by the complainant's complaint. The contents of the review shall include the review of the facts of the case and the review of the application of the law;

3. Upon examination, if it is found that the original judgment is indeed wrong and needs retrial, a collegial panel shall be formed separately for retrial in accordance with the procedure of trial supervision. If the original judgment or ruling is believed to be correct, the complainant shall be persuaded and educated or notified in writing to reject the appeal, and the complainant shall be informed that he can no longer appeal. If a party, his legal representative or his near relatives think that a legally effective criminal judgment or ruling of the people's court is indeed wrong and lodge a complaint with the people's procuratorate, it shall be accepted by the criminal complaint procuratorial department of the people's procuratorate at the same level of the people's court that made the effective judgment or ruling and dealt with according to law. If the Supreme People's Procuratorate refuses to accept the legally effective criminal judgments or rulings of people's courts at all levels, and the people's procuratorate at a higher level refuses to accept the legally effective criminal judgments or rulings of people's courts at lower levels, it shall lodge a criminal protest and lodge a protest with the people's court at the same level in accordance with the trial supervision procedures. The following materials shall be submitted for the appeal of criminal cases:

(1) The complaint shall state the basic information of the parties, the appeal request, the facts and reasons of the appeal;

(2) If the original effective criminal judgment or ruling is retried after being reviewed by the people's court, it shall be accompanied by a notice of rejection, a retrial judgment or ruling;

(3) If there is new evidence to prove that the facts identified by the original referee are indeed wrong, it shall be accompanied by a list of evidence, a list of witnesses and a copy or photo of the main evidence.

Legal basis: Article 252 of the Criminal Procedure Law of People's Republic of China (PRC).

The parties to the appeal, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling.