Legal analysis: There are two types of protests by the procuratorial organs: the procuratorial organs directly review the judgment of the first instance court, and the other is to file a protest at the request of the victim. According to the provisions of the Criminal Procedure Law, the time limit for a protest in an appeal trial directly reviewed by the procuratorate is 10 days. However, the Criminal Procedure Law also stipulates that the victim should submit a protest to the procuratorate within 5 days after receiving the judgment. The procuratorate shall file a protest after receiving the victim's request. Decide whether to protest within 5 days.
Legal basis: "People's Procuratorate Criminal Procedure Rules"
Article 585: After receiving the first-instance judgment or ruling from the People's Court, the People's Procuratorate shall review it in a timely manner. Cases that require a protest must be reported to the Chief Prosecutor for decision.
Article 586: The People’s Procuratorate shall file a protest against the first-instance judgment of the People’s Court at the same level within ten days from the second day after receiving the judgment. It shall be submitted within five days from the second day after receiving the ruling.
Article 587: When the People’s Procuratorate lodges a protest against the judgment or ruling of the first instance of the People’s Court at the same level, it shall prepare a letter of protest, submit it to the People’s Court of the next higher level through the original People’s Court, and submit the letter of protest to the People’s Court of the next higher level. A copy together with the case file materials shall be submitted to the People's Procuratorate at the next higher level.
Article 588: If the victim and his legal representative are dissatisfied with the first-instance judgment of the local people's court at any level and request the People's Procuratorate to lodge a protest within five days after receiving the judgment, the People's Procuratorate shall Conduct an immediate review, make a decision on whether to protest within five days after receiving the request from the victim and his legal representative, and respond to the requester. If a protest is deemed necessary after review, the provisions of Articles 584 to 587 of these Rules shall apply.
If the victim and his legal representative request the People's Procuratorate to lodge a protest five days after receiving the judgment, the People's Procuratorate will decide whether to accept the case.