The differences between appeal and protest are as follows:
(1) Different subjects:
The subjects of appeal are the defendant, the private prosecutor, the plaintiff with incidental civil action and their legal representatives; Defenders and close relatives of the defendant (with the consent of the defendant);
the subject of protest is the people's procuratorate at the same level as the people's court that originally tried the case. The protest can only be put forward by the public prosecution organ, that is, the procuratorate, and it is put forward by the superior procuratorate to the superior court of the court of first instance.
(2) Different reasons:
The right of appeal needs no reason;
protest requires legal reasons;
(3) Different ways:
Appeals can be made in writing or orally;
protests can only be made in writing through the people's court that originally tried;
(4) Different consequences:
Only the defendant appeals, and when the people's court of second instance makes a judgment, it should be restricted by the principle of no additional punishment on appeal;
protest is not restricted by this principle.
Extended information:
Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of the local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant. ? [2]?
the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of the People's Republic of China
Article 233 An appeal case accepted by a people's court shall generally have the original and a copy of the appeal.
the contents of the appeal should include: the document number of the judgment and ruling of first instance and the time when the appellant received it; The name of the court of first instance; The request and reasons for the appeal; Time for filing an appeal; Signature or seal of the appellant. If the defendant's defender or close relative appeals with the consent of the defendant, the relationship between the appellant and the defendant shall also be stated, and the defendant shall be regarded as the appellant.
article 234 if the defendant, the private prosecutor, the plaintiff in incidental civil action and the defendant make an oral appeal because it is really difficult to write an appeal, the people's court of first instance shall make a written record according to the reasons and requests stated by them, and after it is read or read out to the appellant, the appellant shall sign or seal it.
article 236 if the defendant, the private prosecutor, the plaintiff and the defendant in an incidental civil action appeal through the people's court of first instance, the people's court of first instance shall examine whether the appeal complies with the law.
in line with the law, the appeal shall be transferred to the people's court at the next higher level together with the case file and evidence within three days after the expiration of the appeal period, and a copy of the appeal shall be sent to the people's procuratorate at the same level and the other party.
article 237 if the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall submit the appeal to the people's court of first instance within three days after receiving the appeal.
the people's court of first instance shall examine whether the appeal complies with the law. Those who meet the legal requirements shall transfer the appeal together with the case file and evidence to the people's court at the next higher level within three days after receiving the appeal, and send a copy of the appeal to the people's procuratorate at the same level and the other party.
article 238 if the defendant, the private prosecutor, the plaintiff in incidental civil action, the defendant and his legal representative request to withdraw the appeal within the appeal period, they shall be allowed.
article 239 if the defendant, private prosecutor, plaintiff and defendant in incidental civil action and their legal representatives request to withdraw the appeal after the expiration of the appeal period, they shall be examined by the people's court of second instance.
If it is considered that the facts ascertained in the original judgment and the applicable law are correct and the sentence is appropriate, it shall be ruled that the defendant is allowed to withdraw the appeal; If the facts of the original judgment are not clear, the evidence is insufficient, or the innocence is judged as guilty or the misdemeanor is severely sentenced, the appeal shall not be withdrawn, and the trial shall be conducted in accordance with the appeal procedure.
article 24th local people's procuratorates at various levels shall lodge a protest against the judgment or ruling of first instance of the people's court at the same level through the people's court of first instance. The people's court of first instance shall, within three days after the expiration of the protest, transfer the protest together with the case file and evidence to the people's court at the next higher level, and send a copy of the protest to the parties.
Resources: Baidu Encyclopedia-Appeal