How the Supreme People s Court s criminal appeal results are served

(1) Direct service

Direct service, also known as delivery service, refers to the method of service in which the people's court appoints a special person to directly deliver the litigation documents to the recipient for signature. Direct delivery is the most basic of the delivery methods.

(2) Service in lien

"Service by retention in lien" refers to a method of service in which the person to be served lawfully places the litigation documents at the residence of the person to be served and produces the legal effect of service when the person to be served unreasonably refuses to accept the litigation documents. This is expressly provided for in article 86 of the Code of Civil Procedure.

(3) Entrusted service

"Entrusted service" refers to entrusting another people's court to serve the litigation documents on its behalf in accordance with law when the people's court responsible for hearing the civil case has difficulties in directly serving the litigation documents.

(4) Delivery by mail

Service by mail refers to the way in which the people's court sends the documents served to the recipient through the post office and by ** letter.

(5) Transfer for service

"Transfer for service" refers to the method of service by which the people's court sends the litigation documents to the unit to which the recipient belongs for collection, and then transfers them to the recipient. There are two situations of delivery of transfer:1

If the recipient is a military member, it shall be transferred through the political organ of the unit at or above the regimental level to which he belongs; 2.Where the person to be served is imprisoned, it is to be transferred through the prison or re-education through labor unit. After receiving the litigation documents, the organ or unit that transferred them on behalf of them must immediately hand them over to the person to be served to sign for receipt, and the time of their signature on the proof of service shall be the date of service.

(6) Service of public notice

Service of public notice refers to a method of service in which the court publishes litigation documents to the public by means such as posting announcements or publishing newspapers, and after a certain period of time, it is legally deemed to have been served. Article 92 of the Civil Procedure Law stipulates that if the whereabouts of the person to be served are unknown, or it cannot be served by other means, the public notice shall be served.

Sixty days from the date of issuance of the announcement shall be deemed to have been served.

It should be served by Judge Wolf in person.

Legal Analysis: Yes. The complainant submitting an appeal against a criminal judgment or ruling that has already taken effect shall submit it to the people's court that made the effective judgment.

Parties and their legally-designated persons and close relatives may submit appeals to the people's courts or people's procuratorates against judgments or rulings that have already taken legal effect, but enforcement of the judgment or ruling cannot be stopped.

Legal basis: "Rules of Criminal Procedure of the People's Procuratorate" (provisional) Article 593: Where a party or his legally-designated person or close relatives believe that a criminal judgment or ruling of a people's court that has already taken legal effect is truly in error and appeals to the People's Procuratorate, the criminal appeal prosecution department of the People's Procuratorate at the same level as the people's court that made the effective judgment or ruling shall handle it in accordance with law. Where parties, 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 the case to the people's procuratorate at the same level as the people's court that made the effective judgment or ruling to accept the case if the circumstances are major, difficult, or complicated, and the higher level people's procuratorate 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.

Article 203 of the Criminal Procedure Law of the People's Republic of China: Parties and their legally-designated persons and close relatives may submit appeals to the people's courts or people's procuratorates against judgments or rulings that have already taken legal effect, but enforcement of the judgment or ruling cannot be stopped.

Yes, criminal cases can be appealed to the Supreme Court. According to Article 183 of the Constitution of the People's Republic of China, citizens have the right to appeal to the Supreme People's Court against judgments involving their own legitimate rights and interests, as well as against other acts of disobedience. Specific appeal procedures can be found in the "Trial Law of the People's Republic of China" and the "Several Provisions of the Supreme People's Court on the Trial of Criminal Appeal Cases".

Before appealing, the complainant shall first appeal by way of appeal and appeal to the court at the next higher level. If the court decides not to appeal or rejects the appeal, the complainant still has the right to appeal the case to the Supreme People's Court. When appealing, it is necessary to provide certain materials and clearly state the reasons for the appeal in the complaint letter.

The Supreme People's Court is responsible for hearing appeals and making judgments on the basis of facts and laws, and the validity of its judgments is not limited by any unit or individual.

A decision shall be made within three months, and must not exceed six months at the latest. Where the collateral appeal does not have the circumstances described above, the appellant shall be persuaded to withdraw the collateral appeal; Where the appeal is still firmly suspected, a written notice shall be given to reject it.

1. Filing of criminal complaints. Article 6 of the Interim Provisions stipulates: "After receiving a complaint, the people's court shall register it and conscientiously examine it.

The original people's court shall file a case file when reviewing and handling criminal appeals. 2. Examination of criminal complaints. After receiving the appeal, the people's court or the people's socks procuratorate shall conduct a comprehensive review and shall not be limited by the grounds for the appeal put forward by the complainant.

The content of the review should include: (1) The facts of the case. and (2) whether the applicable law is correct.

3. Handling of review results. Where the original people's court of final appeal, after reviewing the criminal appeal, finds that the original judgment or ruling is correct, it is to persuade and educate the complainant to accept the judgment and dismiss the lawsuit; Where unreasonable appeals are persistent, written notice may be used to reject them. The complainant was also informed that he could not make any further appeals.

If, after review, it is discovered that the original judgment was truly in error and needs to be retried, a collegial panel should be formed separately to conduct a retrial in accordance with the trial supervision procedures.

Article 300 of the Supreme People's Court's Interpretation on Several Issues Concerning the Enforcement of the Criminal Procedure Law of the People's Republic of China: Appeal cases accepted by people's courts shall generally have the original and a copy of the appeal petition. The content of the appeal petition shall include: the document number of the first-instance judgment or ruling, the time when the appellant received it, the name of the first-instance trial court, the request for appeal and the reasons for the appeal, and the time when the appeal was raised.

Where the defendant's defender or close relatives submit an appeal with the defendant's consent, their relationship with the defendant shall also be clearly stated, and the defendant shall be the appellant.