1. Cases rejected by the Supreme People's Procuratorate can be appealed. It is the people's right to apply for retrial, and they can apply for retrial. As for protest, the principle of protest at the same level is implemented. The protest is put forward by the procuratorate, and the provincial procuratorate may apply for a protest. Patent reexamination procedure refers to a kind of remedy for the applicant when the patent application is rejected.
2. Legal basis: Article 3 of the Criminal Procedure Law of People's Republic of China (PRC) is responsible for the investigation, detention, execution and pre-trial of criminal cases. The people's procuratorate shall be responsible for the prosecution, approval of arrest, investigation and prosecution of cases directly accepted by procuratorial organs. The people's court is responsible for the trial. Except as otherwise specified by law, no organ, group or individual has the right to exercise these powers. In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws.
2. What are the provisions of the Supreme People's Procuratorate on protest in criminal cases?
The Supreme People's Procuratorate's provisions on protest in criminal cases are mainly that the people's procuratorate shall lodge a protest if it considers that the judgment or ruling of the people's court of first instance at the same level is under any of the following circumstances:
(1) The facts are unclear and the evidence is insufficient;
(2) There is definite and sufficient evidence to prove guilt and be acquitted, or be acquitted and convicted;
(three) a felony is given a light sentence, a misdemeanor is given a heavy sentence, and the penalty is obviously inappropriate;
(4) The conviction of the crime is wrong, and the punishment for one crime and several crimes is combined, which affects the sentencing or causes serious social impact;
(5) Exempting from criminal punishment or applying probation, prohibition order or limiting commutation errors;
(6) The people's court seriously violates legal procedures during the trial.