The basic procedure of criminal appeal:
(1) Appeal time
The people's court shall accept a complaint filed by the complainant in a criminal case within two years after the execution of the penalty.
If the complaint has been filed for more than two years, it shall be accepted under any of the following circumstances: ① The defendant in the original trial can be acquitted; (2) the defendant in the original trial filed a complaint with the people's court within the prescribed time limit, and the people's court refused to accept it; ③ It is a difficult, complicated and major case.
(2) the subject of the complaint, that is, who has the right to lodge a complaint.
Article 203 of China's Criminal Procedure Law stipulates: "The parties and 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." The subject of the complaint can only be the parties and their legal representatives and close relatives. Close relatives refer to brothers and sisters of husbands, wives, fathers, mothers and compatriots. It should be noted that appeal is different from appeal. Appeal means that close relatives can appeal only with the consent of the defendant, but they have an independent right of appeal. Close relatives do not need the defendant's consent to appeal.
(3) the form of appeal requirements:
(1) There should be a complaint against the effective criminal judgment;
(2) There is an effective criminal judgment and its relevant effective legal documents;
③ Complaints should be supported by relevant evidence.
What should I do after the appeal of a criminal case is rejected?
People's courts at all levels, the Supreme People's Court, people's courts at higher levels, the Supreme People's Procuratorate and people's procuratorates at higher levels have the right to start trial supervision procedures. That is to say, after accepting the complaints of the parties and their close relatives, the above-mentioned judicial organs shall examine the materials provided by them, including evidence. If the review results show that the complaint is conclusive and justified, and the original judgment or ruling is indeed wrong, the trial supervision procedure shall be started according to law, otherwise, the above judicial organs shall reject the complaint in the form of written notice.
After the complaint is rejected, under normal circumstances, the complainant should stop complaining. However, if the complainant has a large number of facts and conclusive evidence to prove that the original judgment or ruling is indeed wrong, he may continue to appeal to the court of first instance, the higher court and the people's procuratorate. Appeal is to solve the wrong referee unlimited times, can appeal at any time, but mainly depends on the evidence.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 241 of the Criminal Procedure Law of People's Republic of China (PRC), the parties and 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.