It depends on the evidence provided. There are two ways to appeal against the final judgment:
First, directly appeal to the higher people's court and ask the court to start the retrial procedure; However, it is necessary to provide evidence that can prove that the original judgment is indeed wrong;
The second is to file a complaint with the appeal office of the people's procuratorate at the same level and apply for the procuratorial organ to start the trial supervision procedure to protest; We also need to provide corresponding evidence.
If the complainant has enough new evidence to prove that the judgment or ruling is wrong, the success rate of criminal appeal is high.
The success of criminal appeal depends on the specific case and whether the appeal procedure meets the standards.
The key to the appeal is that the legally effective judgment or ruling is indeed wrong, which requires the complainant to have enough new evidence to prove that the judgment or ruling is indeed wrong, and those with insufficient evidence will be rejected.
The people's court shall retry the appeal of the parties, their legal representatives and close relatives in any of the following circumstances:
(a) there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing;
(2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case;
(3) The application of the law in the original judgment or ruling is indeed wrong;
(four) in violation of legal procedures, which may affect the fair trial;
(5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law.
Classification of complaints:
1. There are two kinds of appeals. One is that the parties or other relevant citizens refuse to accept the legally effective judgment or ruling and request the court or procuratorial organ to handle it again according to law;
2. Second, when the staff of state organs or members of political parties and associations are dissatisfied with the punishment, they should put forward their opinions to the original organs, organizations or higher-level organs and organizations.
Legal basis:
Article 599 of the Criminal Procedure Rules of the People's Procuratorate: If the people's procuratorate considers that the judgment or ruling made by the people's court for retrial is still wrong and the trial is conducted according to the procedure of first instance, the people's procuratorate at the same level shall lodge a protest with the people's court at the next higher level according to the procedure of second instance; If a case is tried in accordance with the procedure of second instance, the people's procuratorate at the next higher level shall lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision.