Details are as follows:
First, in a public prosecution case, the victim and his family members have no right of appeal against the criminal judgment.
1. For the criminal part, only the defendant and the defender have the right of appeal, and the victim has no right of appeal. According to the provisions of Article 180 of the Criminal Procedure Law, if the defendant, private prosecutor and their legal representatives refuse to accept the judgment or ruling of first instance of local people's courts at all levels, they have the right to appeal to the people's court at the next higher level in written or oral form. 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 term "defendant, private prosecutor and their legal representatives" here does not include the victim. 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 subtext is that the parties involved in incidental civil litigation (including the victims) have no right of appeal to the criminal part of the first-instance judgment and ruling of local people's courts at all levels.
2, the defendant's defender and close relatives appeal, must obtain the consent of the defendant himself.
According to the provisions of Article 180 of the Criminal Procedure Law, with the consent of the defendant, the defendant's defenders and close relatives may appeal. Defenders or close relatives of the defendant who have objections to the criminal judgment may appeal, but they must obtain the consent of the defendant himself. In practice, if the defendant hires a lawyer, the lawyer will go to the detention center to ask the defendant's permission to appeal. However, for those who have not hired a lawyer, but the close relatives of the defendant want to appeal, there is a realistic problem: "At the trial stage, the defendant's family can't meet the defendant, so there is no realistic possibility of obtaining the defendant's consent. Therefore, in this case, it is usually the defendant's family who appeals and the judge obtains the defendant's consent.
2. In a case of public prosecution, if the victim and his family members are dissatisfied with the judgment, they may apply to the procuratorate for protest. Article 182 of the Criminal Procedure Law stipulates that if the victim and his legal representative refuse to accept the judgment of first instance of the local people's courts at all levels, they have the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the requester.
3. In criminal cases of private prosecution, the victim appears in court as a private prosecutor and enjoys full right of appeal. In a case of private prosecution, the private prosecutor is generally also the victim or the victim's family, and the private prosecutor enjoys the right of appeal. According to Article 180 of the Criminal Procedure Law, defendants, private prosecutors 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 local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
Why does the victim have no right of appeal in criminal proceedings?
1. The right to use the spoken and written languages of one's own nationality in litigation.
2. Have the right to prosecute crimes. Have the right to apply for reconsideration of the public security decision not to file a case; Have the right to apply for reconsideration of the decision of the procuratorate not to prosecute; For minor criminal cases with evidence, criminal responsibility shall be investigated according to law for the defendant's violation of his personal and property rights with evidence. When the public security organ or the people's procuratorate does not pursue the criminal responsibility of the defendant, it has the right to bring a lawsuit directly to the court.
3. Have the right to participate in court hearings, debate and make statements, and ask questions to witnesses, experts and defendants; Have the right to apply for notifying new witnesses to appear in court, obtaining new material evidence and applying for re-appraisal or inspection.
4. Judges, prosecutors, investigators, clerks, expert witnesses and translators who have the right to apply for withdrawal.
5. Have the right to entrust an agent ad litem to participate in the litigation.
6. If you refuse to accept the judgment of first instance, you have the right to request the procuratorate to lodge a protest; Have the right to appeal against the effective judgment.
7. Have the right to file an incidental civil action.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
According to Article 227 of the Criminal Procedure Law, defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in written or oral form if they refuse to accept the judgment or ruling of first instance of local people's courts at all 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.