Lawyer's criminal defense appeal

1. Defense lawyers in criminal proceedings (D. Right to express defense opinions independently)

2. Among the following persons, the one who has the right of appeal should be (b. Private prosecutor).

People's Republic of China (PRC) Lawyers Law

(1996 may 15, 200 1, 12, 29, revised on 28th, 2007, effective from June 1).

Article 31 When acting as a defender, a lawyer shall, according to the facts and laws, put forward materials and opinions on acquittal, lighter punishment or reduction or exemption of criminal responsibility of criminal suspects and defendants, and safeguard the legitimate rights and interests of criminal suspects and defendants.

Criminal Procedure Law of the People's Republic of China

(1 July 19791March 1996 17 was revised and adopted at the fourth session of the Eighth National People's Congress, promulgated on the same day, and shall come into force as of1June 19971day).

Article 180 If the defendant, private prosecutor and his legal representative refuse to accept the judgment or ruling of first instance of local people's courts at various 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 defendant shall not be deprived of the right to appeal under any pretext.