Legal analysis
In criminal cases, the defendant, the private prosecutor and their legal representatives may appeal to the people's court at the next higher level for part of the judgment or ruling of first instance. The appeal period is within ten days from the date of receiving the judgment or five days from the date of receiving the ruling. The parties to administrative litigation also enjoy the right of appeal, and the appeal period is the same as that of civil litigation. According to the provisions of relevant laws, according to the nature and specific circumstances of the case, the appeal period of the parties to criminal proceedings and their legal representatives is (1) counter-revolutionary cases and other general criminal cases such as corruption. The appeal period against the judgment is ten days, and the appeal period against the ruling is five days, counting from the second day after the party receives the judgment or ruling. (2) In criminal cases of murder, rape, robbery, explosion and other serious threats to public order, if the defendant should be sentenced to death, the appeal period against the judgment or ruling is three days; If the defendant in the above-mentioned case is not suitable for immediate execution of the death penalty, or if the case is complicated and the main criminal facts of the defendant are not completely clear, the appeal period against the judgment is still ten days, and the appeal period against the ruling is still five days. (3)*** If all the defendants in the same criminal case are not sentenced to death and executed immediately, the appeal period of the defendant who refuses to accept the judgment in the whole case is unified to ten days, and the appeal period of the defendant who refuses to accept the ruling is unified to five days. If the parties and their legal representatives fail to file an appeal within the appeal period and the people's procuratorate fails to file a protest, the judgment or ruling of first instance shall become legally effective and be executed according to law. The parties and their legal representatives may not appeal again.
legal ground
Article 85 of the Administrative Procedure Law of the People's Republic of China, if a party refuses to accept the judgment of the people's court of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served. If a party refuses to accept the ruling of the people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served. If no appeal is made within the time limit, the judgment or ruling of the people's court of first instance shall become legally effective.