According to the provisions of the Criminal Procedure Law, if a party refuses to accept the judgment of the first instance, he may appeal within ten days from the second day of receiving the judgment. If the time limit for appeal is exceeded, the judgment of first instance will take effect and no appeal is allowed.
Moreover, according to the regulations, whether to appeal should be based on the meaning expressed by the parties rather than the defense lawyers. If a party fails to file an appeal within the statutory time limit, although the court did not inform the defense lawyer of the verdict in time, the court did make a mistake, but the party cannot appeal again.
In addition, when the court of first instance pronounced or served the judgment, if the parties have verbally indicated to the court that they want to appeal, the court shall record the appeal requirements of the parties and the appeal is valid. The court of first instance shall transfer the case to the court of second instance for trial.
Criminal procedure law
Article 216 The defendant, the private prosecutor and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of the local people's courts at various levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels.
The defendant shall not be deprived of the right to appeal under any pretext.
Article 219 The time limit for an appeal or protest against a judgment is ten days, and that for an appeal or protest against a ruling is five days, counting from the day after the judgment or ruling is received.
"the Supreme People's Court on the application of
Article 299 When the local people's courts at various levels announce the judgments and orders of first instance, they shall inform the defendant, the private prosecutor and their legal representatives that they have the right to appeal to the people's court at the next higher level in writing or orally within the statutory time limit; Defenders and close relatives of the defendant may also appeal with the consent of the defendant; The parties to an incidental civil action and their legal representatives may appeal against the incidental civil part of a judgment or ruling.
Whether the defendant, the private prosecutor, the parties involved in incidental civil litigation and their legal representatives file an appeal shall be subject to their last expression of intention before the expiration of the appeal period.