The situation appeal goes to the highest frugality or the Supreme Court,

Where it is found that a formal judgment or ruling that has taken effect is in error, it may appeal to the court or the procuratorate. In criminal cases, appeals are generally required to start from the court that made the effective judgment and ruling, and the procuratorate at the same level, as detailed in the following provisions.

Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of the Criminal Procedure Law of the People's Republic of China.

Article 373:Appeals are to be reviewed and handled by the people's court of final appeal. However, in cases where the second-instance trial court rules to allow the withdrawal of the appeal, and the appellant submits an appeal against the first-instance judgment, the first-instance trial court may review and handle it.

The people's court at the level above may inform the complainant to submit a complaint to the people's court of final appeal for a complaint that has not been reviewed and handled by the people's court of final appeal, or directly submit it to the people's court of final appeal for review and handling, and inform the complainant; Where the case is difficult, complex, or major, it may also be directly reviewed and handled.

Where an appeal is directly made to a higher level people's court without being reviewed and handled by the people's court of final appeal or the people's court at the level above, the people's court at the level above may inform the complainant to submit it to the people's court at the level below.

Article 374:Appeals in death penalty cases may be directly reviewed and handled by the people's court that originally approved it, or may also be transferred to the original people's court for review. The original people's court shall write a review report, submit a disposition opinion, and report up to the people's court that originally approved it for review and disposition.

People's Procuratorate Rules of Criminal Procedure (provisional).

Article 593: If a party or his legally-designated person or close relatives believe that a criminal judgment or ruling of the People's Court that has already taken legal effect is truly in error and appeal to the People's Procuratorate, the criminal appeal prosecution department of the People's Procuratorate at the same level of the People's Court that made the effective judgment or ruling shall handle it in accordance with law.

Where parties and their legally-designated persons or close relatives directly appeal to the people's procuratorate at a higher level, the higher level people's procuratorate may transfer it to the people's procuratorate at the same level as the people's court that made the effective judgment or ruling for acceptance; Where the case is major, difficult, or complicated, the people's procuratorate at the level above may directly accept it.

Where parties, their legally-designated persons, or close relatives submit an appeal against a judgment or ruling of a people's court that has already taken legal effect, and continue to submit an appeal after the people's procuratorate has reviewed and decided not to raise a prosecutorial counter-appeal, the people's procuratorate at the level above shall accept it.

Appeals against the people's court's final judgment or ruling on the death penalty that have not yet been carried out are to be handled by the prison inspection department.

Hello, the people's procuratorate at the same level and the people's court at a higher level.

The case must be handled by the local High People's Court before it can be appealed to the Supreme People's Court. Some parties take the judgment of the local Intermediate People's Court to the Supreme People's Court to appeal, and after not being accepted, they feel very wronged, and continue to write letters to the leader, send materials, etc. (I met such a party in the process of handling the case, and after I gave her guidance, she still insisted on writing a letter to the leader). It's hard to do that to achieve the results they want.

If it is a case in which the High People's Court has made an effective judgment, it may directly apply to the Supreme People's Court for a retrial. In cases where an intermediate people's court has made an effective judgment, it shall first apply to the local high people's court for a retrial, and if they are not satisfied with the outcome of the retrial, they may appeal to the Supreme People's Court again.

Legal basis

Criminal Procedure Law of the People's Republic of China

Article 49: Where defenders or litigants feel that the public security organs, people's procuratorates, people's courts, and their staffs are obstructing their lawful exercise of procedural rights, they have the right to appeal or make accusations to the people's procuratorate at the same or higher level. The people's procuratorate shall promptly conduct a review of the appeal or accusation, and where the circumstances are true, notify the relevant organs to make corrections. Article 46: Victims of public prosecution cases, their legally-designated ** persons or close relatives, and parties to attached civil litigation and their legally-designated ** persons, have the right to retain a litigant ** from the date on which the case is transferred for review for prosecution.

The private prosecutor and his or her statutory ** person in a private prosecution case, and the parties to an attached civil lawsuit and their statutory ** person, have the right to entrust a litigant at any time.

Within 3 days of receiving the case materials transferred for review for prosecution, the people's procuratorate shall inform the victim and his legally-designated ** person or their close relatives, and the parties to the attached civil litigation and their legally-designated ** person that they have the right to retain a litigant. Within 3 days of accepting a private prosecution case, the people's court shall inform the private prosecutor and his legally-designated ** person, and that the parties to the attached civil litigation and their legally-designated ** person have the right to retain the litigant.

Appeals before the Supreme Court: Appeals must be filed at the level of the court that made the effective judgment or ruling, then to the higher court, and finally the Supreme Court can accept the appeal. The parties may appeal to the Supreme People's Court in petition cases where they request to urge the enforcement court to enforce the law as soon as possible, or to request correction of the enforcement of the law.

Criminal Procedure Law" Article 252: Parties and their legally-designated persons and close relatives may submit a complaint to the people's court or people's procuratorate against a judgment or ruling that has already taken legal effect, but the enforcement of the judgment or ruling cannot be stopped.