Is the appeal submitted to the first-instance judge 1
Generally submitted to the court of first instance.
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.
Will the appeal of criminal cases be submitted to the judge of first instance?
The defendant shall not be deprived of the right to appeal under any pretext.
The duty of the judge of first instance is to appeal for the defendant. In judicial practice, no judge dares to detain the defendant's appeal.
If the defendant, private prosecutor, plaintiff and defendant in incidental civil action appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal together with case files and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party.
If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall send the appeal to the people's court that originally tried the case within three days, and send a copy to the people's procuratorate at the same level and the other party.
When will the appeal of criminal cases be submitted to the judge of first instance, and where can I check it?
1. According to the provisions of the Civil Procedure Law, the appeal period is 15 days after the verdict is pronounced.
The criminal procedure law is within ten days.
2. The appeal can be made directly to the court of first instance or a higher court.
3. After filing an appeal, the court of first instance will generally issue a method to pay the appeal fee to the parties, and the parties can pay the appeal fee according to this method.
After receiving the appeal, the court of first instance will inform the other party that you appealed and send the appeal to the other party.
5. After sending an appeal to the other party, the court of first instance will transfer all the files of first instance to the court of second instance through the transfer procedure.
6. After paying the appeal fee, the parties to the fourth and fifth appeals will wait for the notice of the court of second instance at home and enter the trial stage of second instance.
Model civil appeal 4
Appellant (defendant in the original trial): Wang Moumou, male, Han nationality, born in June, 1978, living in the residents' committee of Donggou Town, Funing County.
Appellant (defendant in the original trial): Zhuang Moumou, female, Han nationality,/kloc-0, born in February 1982, living in Wangma Village, Wei Zhuang Township, Siyang County.
Appellee (plaintiff in the original trial): Shi Moumou, male, Han nationality, born in May, 198 1, living in Xihu neighborhood committee of Zhongxing Town, Siyang County.
Appellee (plaintiff in the original trial): Zhang, female, Han nationality, 1979, living in Xihu neighborhood committee of Zhongxing Town, Siyang County.
The appellant refused to accept the civil judgment (20 1 1) of the people's court of Siyang county, Jiangsu province, because of the dispute over the house sales contract, and now he filed an appeal according to law.
Appeal request:
1. We request your hospital to cancel the third item of the civil judgmentNo. * * of the People's Court of Siyang County, Jiangsu Province (20 1 1) and change the appellee's liability for breach of contract according to law.
2. The legal fees of first instance and the appeal fees shall be borne by the appellee.
Facts and reasons:
The case of the dispute between the Appellant and the Appellee over the house sales contract was tried by the People's Court of Siyang County, Jiangsu Province, and a civil judgment of (20 1 1) Simin Chuzi No.206 was made. * * Published. The appellant thinks that the judgment is a wrong civil judgment, which damages the appellant's legitimate rights and interests, so the appellant appeals according to law.
First, the court of first instance ignored the fact that the appellee failed to perform his obligations in accordance with the agreed payment method, which was an error in ascertaining the facts.
It was found through trial that the plaintiff Shi Moumou and Zhang Moumou brought the balance to Siyang County * * * Housing Replacement Co., Ltd. on June 7 and June 20, 201year and paid it to the defendants Wang Moumou and Zhuang Moumou.
Defendants Wang Moumou and Zhuang Moumou refused to accept and assist, and the plaintiff handled the house transfer procedures. In fact, the appellee never indicated that he would pay the final payment of the house purchase to the appellant, nor did he remit money to Wang's account in the way agreed by both parties to fulfill the payment obligation, which constituted a breach of contract.
Both parties signed a house purchase and sales contract in May 1 1, and paid RMB 45,000 yuan and RMB 50,000 yuan (* * * 95,000 yuan) to the account of Wang's Construction Bank twice on the same day.
As both appellants are working in other places, both parties agreed that Wang Moumou would open a special bank account so that the appellee could directly pay the balance of the house purchase. According to the agreement, Wang Moumou opened an account in the Postal Bank on May 3, 20 1 1 and notified the appellee.
But up to now, Wang's accounts in China Construction Bank and Postal Bank have not received the balance of the house purchase payment paid by the appellee, nor have he received any notice from the appellee.
The appellee's refusal to pay the balance of the house purchase as agreed in the contract has constituted a breach of contract and should bear the liability for breach of contract according to law.
We have noticed that the first paragraph on page 3 of the first-instance judgment? In the lawsuit, the plaintiff claimed that the remaining house payment of 245,000 yuan was paid together with the defendant's delivery? .
This sentence clearly tells us that the appellee has always refused to pay Wang Moumou and Zhuang Moumou, and is still unwilling to take the initiative to fulfill the payment obligation during the trial.
According to the provisions of Articles 60, 61 and 62 of the Contract Law, the appellee shall fully fulfill the obligation of payment, directly remit the money to Wang's bank account as agreed, and fulfill the obligation of notification.
According to the trading habits and well-known facts, after the buyer has fulfilled the payment and notification obligations, the seller has fulfilled the corresponding house delivery and assisted in the transfer procedures.
To say the least, even if there is no order of performance, when the buyer refuses to pay the price, the seller still has the right of defense to perform at the same time and has the right to refuse the corresponding performance requirements.
Now the buyer does not take the initiative to fulfill his obligations in a way conducive to the realization of the contract purpose, but instead bites back and demands the seller to bear the liability for breach of contract on the premise that it has already constituted a breach of contract, which not only violates the relevant provisions of the law and the principle of good faith.
It also violates trading habits and well-known facts. I hope that the court of second instance can find out and identify it.
Second, the court of first instance ignored the fact that the appellee violated the general trading habits, the agreement of both parties and the experience of daily life, and did not exclude this group of evidence according to the rules of evidence.
The second paragraph on page 3 of the judgment of first instance confirmed the house sales contract signed by the original and the defendant, the house sales contract in Siyang County and the certificate issued by Siyang County * * * Housing Replacement Co., Ltd. ?
Among them, the House Purchase and Sales Contract and the Siyang County and Village House Purchase and Sales Contract can prove that the appellee should pay off the balance before June 20, but it is not stipulated that the appellant should complete the house delivery and assist in the transfer formalities before June 20.
Of course, the appellant has always followed the principle of good faith to achieve the purpose of the contract and urged both parties to fully fulfill their obligations, but the appellee refused to fulfill the payment obligation, which made the purpose of the contract impossible to achieve.
On the premise of the appellee's breach of contract, the court of first instance talked to itself on the basis of evidence, and imposed on the appellant the obligation that delivery and assistance in handling the transfer should precede payment, which violated the provisions of facts and laws.
In addition, the court of first instance found that the evidence of Nimou of Siyang County * * * Housing Replacement Co., Ltd. violated the objective facts and the relevant provisions of the law, because the intermediary fee had to be paid by the appellee to Nimou, the manager of the company.
Therefore, the manager of the company, Ni Mou, has a close interest relationship with the appellee. According to the Civil Procedure Law and the Supreme People's Court's regulations on evidence in civil proceedings, witnesses should testify in court and accept questions from both parties and the court.
The identification of evidence should also verify the authenticity of its contents, and whether the witness or the person providing evidence has an interest with the party concerned.
What are the certification records issued by Ni Wei of Siyang County * * * Housing Replacement Co., Ltd. on June 7th and 20th, 201. On June 7, 20 1 1, Mr. and Mrs. Shi and Mr. Zhang came to our company with RMB 245,000 yuan and asked to meet Wang.
Zhuang Moumou and his wife conduct real estate transactions. ? When the appellee paid 45,000 yuan for the first time, he had already taken the form of bank remittance. When he paid 50,000 yuan for the second time, even if the appellee himself saw these two certificates, he would feel ridiculous.
In the case that both parties habitually pay by bank remittance, in the case that both parties agree that the appellant will open a special bank account to pay the balance of the appeal, in the case of daily life experience and well-known remittance,
The appellee's request for a transaction of 245,000 yuan in cash obviously violates the trading habits, agreements, daily life experience and well-known facts of both parties. According to the law, all false certificates issued by Ni of Siyang County * * * Housing Replacement Co., Ltd., which is closely related, should be excluded.
To sum up, the appellant filed an appeal in accordance with the provisions of Article 147 of the Civil Procedure Law, requesting the court of second instance to revoke the third item of the first-instance judgment according to law and judge the appellee to bear the liability for breach of contract according to law.
I am here to convey
Suqian Intermediate People's Court Source: Suqian Xu Shoubo Lawyer Network
Appellants: Wang Moumou and Zhuang Moumou.
Xxxx year1October 7th.
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