What are the legal consequences of a protest, and what are the consequences of a court protest

Regarding the question of what legal consequences will arise from the protest, lawyer Li Zengliang of Hebei Li Jigang Law Firm replied as follows:

Prosecutorial counter-appeal refers to litigation activities in which the people's procuratorate submits a request for a new trial to the people's court in accordance with law when it finds that there is a real error in a judgment or ruling made by a people's court.

Where the people's procuratorate discovers that a judgment or ruling of a people's court that has already taken legal effect violates the provisions of laws or regulations, it has the right to raise a prosecutorial counter-appeal in accordance with the trial supervision procedures. In accordance with the provisions of law, the Supreme People's Procuratorate submits a procuratorial counter-appeal to the people's court at the same level in accordance with the trial supervision procedures for civil or administrative judgments or rulings that have already taken legal effect on the people's courts at any level, or the people's procuratorate at a higher level against the people's courts at a lower level, and the people's procuratorate at the same level shall appoint personnel to appear in court when the people's court at the same level has a retrial.

Protests are mainly divided into: appeal protests and retrial protests. A protest in the appellate trial procedure will prevent the first-instance judgment or ruling from taking legal effect; Criminal retrial prosecutorial counter-appeals (excluding civil and administrative litigation) do not lead to the suspension of enforcement of the original judgment or ruling during the period when the people's court is retrying it in accordance with the trial supervision procedures.

Prosecutorial protest is a term used in criminal cases that generally leads to second-instance or retrial proceedings in criminal cases.

Look at the consequences of serious or not serious qualitative.

Legal analysis: There are civil rights and interests disputes in the case. The cases to be resisted by the people's procuratorate must be cases in which there is a dispute over civil rights and interests.

In non-litigation cases where there is no dispute over civil rights and interests, the people's procuratorate cannot raise a prosecutorial counter-appeal. Procuratorial counter-appeals refer to an important form of legal supervision by the people's procuratorates over the trials of the people's courts, and are divided into two methods: according to the appeal procedure and in accordance with the trial supervision procedure.

Legal basis: Article 235 of the Criminal Procedure Law of the People's Republic of China: In cases where the People's Procuratorate raises a prosecutorial counter-appeal or in a public prosecution case heard by the People's Court of Second Instance, the People's Procuratorate at the same level shall send personnel to appear in court. The second-instance trial court shall promptly notify the people's procuratorate to review the case file after making a decision to try the case.

The people's procuratorate shall complete the review within one month. The time for the people's procuratorate to read the case file is not included in the time limit for trial.

Where the procuratorate raises a first-instance judgment, it will affect the judge's evaluation during the year of his or her personal work. If the second-instance court examines a case in which the procuratorate appeals to the procuratorate, if the facts of the crime are unclear and the evidence is insufficient, it shall remand the case to the first-instance court for a new trial.

Criminal Procedure Law: Article 236: Second-instance people's courts shall, after trial, handle appeals or prosecutorial counter-appeals against first-instance judgments in accordance with the following distinct circumstances: (1) Where the facts ascertained in the original judgment and the application of law are correct, and the sentence is appropriate, a ruling shall be made to reject the appeal or prosecutorial counter-appeal and uphold the original judgment; (2) Where there is no error in the facts ascertained in the original judgment, but there is an error in the application of law, or the sentence is improper, the judgment shall be changed; (3) Where the facts of the original judgment are unclear or the evidence is insufficient, the judgment may be changed after the facts are clarified; A ruling may also be made to revoke the original judgment and remand to the original people's court for new trial. After the original people's court makes a judgment in a case that is remanded for new trial in accordance with item (3) of the preceding paragraph, and the defendant raises an appeal or the people's procuratorate raises a prosecutorial counter-appeal, the second-instance trial Yinzao People's Court shall make a judgment or ruling in accordance with law, and must not remand to the original people's court for new trial.

When local people's procuratorates at any level find that the first-instance judgment or ruling of the people's court at that level is truly in error, they shall raise a procuratorial counter-appeal to the people's court at the level above. The people's procuratorate may submit a prosecutorial counter-appeal to the people's court in cases where the ascertained facts are unclear and the evidence is insufficient, or in cases where the original judgment or ruling improperly applied the law or seriously violated the litigation procedures.

Code of Criminal Procedure

Article 228.

When local people's procuratorates at any level find that the judgment or ruling of the people's court at that level is truly in error, they shall raise a procuratorial counter-appeal to the people's court at the level above.

Code of Criminal Procedure

Article 229.

Where victims and their legally-designated ** persons are dissatisfied with the first-instance judgment of any local people's court, they have the right to request that the people's procuratorate raise a prosecutorial counter-appeal within 5 days of receiving the judgment concealed. Within 5 days of receiving the request from the victim and his legally-designated person, the people's procuratorate shall make a decision on whether to raise a prosecutorial counter-appeal and respond to the requester.

Prosecutorial counter-appeal refers to a kind of litigation act in which the people's procuratorate accepts that Pengzhou meets the statutory requirements for procuratorial counter-appeal in accordance with the people's court's judgment or ruling, and requests the people's court to retry the case in accordance with law. Prosecutorial counter-appeals usually include protests against judgments that have not yet taken effect and protests against effective judgments. At present, prosecutorial protests in civil litigation in China are limited to protests against effective civil judgments, and the people's procuratorates do not have the right to protest against civil judgments that have not yet taken effect.

According to the provisions of the current Civil Procedure Law, procuratorial counter-appeal in civil litigation in China refers to litigation activities in which the people's procuratorate requests the people's court to re-try the case when it discovers that there are statutory circumstances for raising a protest against a mainland litigation in a judgment or ruling of a people's court that has already taken effect.

According to the provisions of the Civil Procedure Law, the people's procuratorate shall meet the following conditions for initiating a civil counter-appeal:

1) The judgment or ruling of the people's court has taken effect. The fact that a judgment or ruling has already taken effect is a common condition for initiating a retrial procedure, and is also a restriction on the object of a lawsuit under the Civil Procedure Law.

2) It is discovered that there are statutory protests in an effective judgment or ruling. This is a limitation of the cause of action under the Code of Civil Procedure. According to the provisions of the Civil Procedure Law, the procuratorial organ's protest and retrial are completely consistent with the statutory circumstances for a party to apply for a retrial.

That is, if one of the circumstances provided for in article 200 of the Civil Procedure Law is met, the procuratorate may, within the scope of its statutory authority, raise a protest in accordance with the trial supervision procedures.

Prosecutorial counter-appeal refers to the conduct of the people's procuratorate to raise a lawsuit with the people's court at the level above if it finds that the people's court's judgment is truly in error. The subject of the protest mainly refers to the Renqiao Yumin Procuratorate, and neither the plaintiff nor the defendant nor the plaintiff nor the defendant nor the defender can raise a protest.

[Legal basis].Article 294 of the Criminal Procedure Law of the People's Republic of China.

The people's court shall send the written judgment to the defendant, his close relatives, and defender. Where the defendant is early or his close relatives are dissatisfied with the judgment, they have the right to appeal to the people's court at the level above. The defender may file an appeal with the consent of the defendant or Xiaozhiyan or his or her close relatives.

Where the people's procuratorate finds that the people's court's judgment is truly in error, it shall raise a procuratorial counter-appeal to the people's court at the level above.

Legal analysis: An important form of supervision by the people's procuratorates over the trial activities of the people's courts. Where the local people's procuratorate finds that the judgment or ruling of the people's court at the same level in the first-instance trial case is truly in error, it shall request that the people's court at the level above retry it in accordance with the procedures prescribed by law; or where errors in judgments or rulings that have already taken legal effect are discovered, they are to be submitted to the people's courts for new handling in accordance with legal procedures.

Legal basis: Article 208 of the Civil Procedure Law of the People's Republic of China: Where the Supreme People's Procuratorate discovers any of the circumstances provided for in Article 200 of this Law in respect of a judgment or ruling of a people's court at any level that has already taken legal effect, or a judgment or ruling of a people's court at a lower level that has already taken legal effect, or discovers that the mediation document harms the national interest or the public interest, it shall raise a prosecutorial counter-appeal. Where local people's procuratorates at any level discover any of the circumstances provided for in Article 200 of this Law in respect of a judgment or ruling of a people's court at the same level that has already taken legal effect, or where it is discovered that the mediation document harms the national interest or the societal public interest, they may submit a procuratorial suggestion to the people's court at the same level and report it to the people's procuratorate at the level above for filing; It may also request that the people's procuratorate at a higher level submit a prosecutorial counter-appeal to the people's court at the same level.

People's procuratorates at all levels have the right to submit procuratorial recommendations to the people's courts at the same level for the illegal conduct of adjudicators in trial procedures other than trial supervision procedures.