Then, write down the basic information of the appellant (the appellant in a criminal case is generally the defendant, and the appellant in a private prosecution case is the private prosecutor), the name and other information should be consistent with the ID card, and the information such as the work unit and home address should also be written. Need to be reminded that there can be no typos; Basic information such as the appellee's name. For the appellee, if the defendant appeals in a criminal prosecution case, there is no need to write the appellee.
Next, write down the reasons, time and name of which court the appellant refuses to accept the criminal judgment, and appeal now.
The next thing to write is similar to writing a complaint, stating the appeal request and the reasons for the appeal.
When writing the appeal request, it should be clear that the purpose of the appeal is to change the sentence. Whether the sentence is completely changed or partially changed should be clearly written, but it should not be written blindly, and should be written according to the law and facts.
Write the reasons for appeal again. Writing the reasons for appeal is mainly to discuss the improper judgment of the original trial and provide relevant basis in the discussion process. The reasons for appeal include: proving that the facts identified in the original judgment are wrong; Prove that the original judgment is improperly applied to the law; Prove that the application procedure of the original trial was improper; Prove that the facts identified in the original judgment are unclear, such as insufficient evidence. These aspects should be written according to the actual situation, some should be written and some should not be written. It should be noted that there must be evidence when demonstrating the above situation.
Finally, write "this letter" and submit it to the court of appeal (such as XX Intermediate People's Court and XX Higher People's Court). Write "Appellant: XXX" at the lower right, sign and seal it or press the handprint, and indicate the year and month. If the appeal is written by a lawyer, the lawyer's office and name should be stated and written under "Appellant", such as "Lawyer:".
The Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC) Article 300 An appeal case accepted by a people's court shall generally have an original and a copy of the appeal.
The contents of the appeal should include: the document number of the judgment and ruling of first instance and the time when the appellant received it, the name of the people's court of first instance, the request and reasons for the appeal, and the time when the appeal was filed. If the defendant's defender or close relatives appeal with the consent of the defendant, they shall also state their relationship with the defendant and regard the defendant as the appellant.