1, appeal. The subject of appeal includes the parties and their legal representatives and close relatives. Of course, the appeal can also be entrusted to a lawyer. The object of accepting the appeal is the people's court or the people's procuratorate. To appeal to the people's court, the following materials shall be submitted: the complaint, the judgment documents of the case experience, such as the judgments and rulings of the first and second trials, and other legal documents that have been reviewed or retried by the people's court, and the relevant materials such as the notice of rejection, the retrial decision, the retrial judgment and ruling shall be attached. The court under review is the people's court of final appeal, which should make a decision within three months, no later than six months. In line with the provisions of Article 242nd of the Criminal Procedure Law of People's Republic of China (PRC), the people's court will decide to retry. If it does not conform to the provisions of this article, the people's court shall notify the complainant in writing to insist on litigation.
2. Initiation of the court: the Supreme People's Court, the people's court at a higher level and the president of our court submit it to the judicial committee for discussion and decision. Here you need to pay attention to the following points:
(1) the Supreme People's Court has the right to retrial the effective judgments of people's courts at all levels (including the Supreme Court);
(2) If the presidents of the people's courts at all levels find that the legally effective judgments or orders of their own courts are wrong in ascertaining the facts or applying the law, they must submit them to the judicial committee for handling.
3. the procuratorate began. For unjust, false and misjudged cases, the parties concerned, their legal representatives and close relatives may appeal to the people's procuratorate, which shall handle them according to law. If they directly appeal to the people's procuratorate at a higher level, the people's procuratorate at a higher level may refer them to the people's court at the same level for acceptance. If the case is serious, difficult or complicated, the people's procuratorate at a higher level may directly accept it. When the criminal appeal department of the people's procuratorate concludes the review, it shall make a notice of criminal appeal review and notify the complainant within 10 days.
I. Time limit for handling criminal cases
It is the time limit prescribed by law for judicial organs to handle criminal cases. Its purpose is to avoid delays and bureaucracy in handling cases.
1. A prisoner who is arrested or detained must be interrogated within 24 hours;
2. The detention period of the defendant in the investigation shall not exceed 2 months, and a few cases with complicated cases may be extended by 1 month with the approval of the people's procuratorate at the next higher level;
3. The people's procuratorate shall make a decision on the cases transferred or exempted from prosecution by the public security organs within 1 month, and the major and complicated cases may be extended for half a month; When trying a case of public prosecution, the people's court shall pronounce a judgment within 1 month after accepting it, and no later than 1.5 months;
4. After accepting the case of appeal or protest, the people's court of second instance shall conclude the case within 1 month, and no later than 1.5 months.
Second, the restrictions on appeal.
The indictment shall be filed with the people's court within two years after the defendant's penalty is executed at the latest. However, under any of the following circumstances, the people's court shall accept the complainant's complaint about a criminal case that has been more than two years.
1, the defendant in the original trial may be acquitted;
2. The defendant in the original trial filed a complaint with the people's court within the prescribed time limit, and the people's court refused to accept it.
3 difficult, complex or major cases.
Legal basis:
Article 242nd of the Criminal Procedure Law of People's Republic of China (PRC) * * * The people's court shall retry the complaint of the party concerned, his legal representative or his near 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.