What complainants in criminal cases should be aware of

Criminal case appeals may not be accepted, and the conditions for accepting criminal case appeals are: 1It must be submitted by the State civil servant who is subject to administrative sanctions or by a staff member appointed by the State administrative organ; 2.

There must be a clear request for appeal and a reason; 3.A complaint must be lodged with the supervisory authority of competent jurisdiction; Wait a minute.

Clause. 1. Where an appeal is made against a criminal judgment or ruling that has already taken legal effect, the complainant should be a party to the original trial, a legal **, and a close relative. Clause.

2. The difficulty of making an appeal shall be submitted to the people's court within two years of the completion of the defendant's criminal punishment at the latest, but in any of the special circumstances provided for by law, where the complainant in a criminal case submits an appeal for more than two years, the people's court shall also accept it. I won't go into details about this here. Clause.

3. The complainant's appeal against a criminal judgment or ruling that has already taken effect affects the people's court that made the effective judgment or ruling. Clause.

4. There is a limit to the number of appeals in criminal cases, generally speaking, only once. Bad Omen.

5. Where the complainant has evidence to prove that the civil portion is clearly improper, and the defendant in the original trial has the ability to compensate, the people's court shall file a complaint and file a case. Other than that, the case is generally not filed. Clause.

6. In appeal cases where upon review by the people's court finds that the original criminal judgment ruling was correct, the people's court shall persuade the complainant to accept the judgment and dismiss the lawsuit. If the appeal is unreasonable, it may be rejected in written or oral form. Clause.

7. The complainant submits a complaint to the people's court, and the people's court files an appeal in a criminal case that meets the requirements for appeal. Only after review, a criminal case filed by appeal that meets one of the conditions for retrial as provided for in article 204 of the Criminal Procedure Law of the People's Republic of China can enter the retrial procedure and be filed.

[Legal basis].

Criminal Procedure Law of the People's Republic of China

Article 170: The People's Procuratorate conducts a review of cases transferred for prosecution by the Supervision Organs in accordance with the relevant provisions of this Law and the Supervision Law. Where, upon review, the people's procuratorate finds that supplemental verification is necessary, it shall return it to the Supervision Organs for supplemental investigation, and when necessary, may supplement the investigation on its own.

In cases where retention in custody has already been adopted for transfer by the Supervision Organs for prosecution, the People's Procuratorate shall first detain the criminal suspect, and the retention in custody measures will be automatically lifted. The people's procuratorate shall make a decision on whether to arrest, release on guarantee pending further investigation, or residential surveillance within 10 days of detention. In exceptional circumstances, the time for decision may be extended by one to four days.

The period during which the people's procuratorate decides to employ compulsory measures is not included in the time limit for review for prosecution.

An appeal is not a necessary condition for a retrial, and it should only be filed for retrial if the court files a case for retrial. Enforcement of the original judgment or ruling is not suspended during the appeal period. If it is found that the appeal is reasonable, the court president is to submit it to the adjudication committee for discussion and decision on whether to retry the case.