How to apply for a protest

How to protect victims' right to apply for a prosecutorial counter-appeal.

It is obvious that since the Criminal Procedure Law of the People's Republic of China (hereinafter referred to as the "Criminal Procedure Law") and relevant judicial interpretations clearly define the scope of attached civil litigation, that is to say, the plaintiffs in attached civil litigation are only a small part of the criminal victims, and the two appear to be related by species. If they disagree with the judgment of the first instance, the law provides for different remedies.

With regard to the plaintiffs in the attached civil lawsuits, since they are parties to the case, paragraph 2 of Article 180 of the Criminal Procedure Law stipulates that if they are not satisfied with the judgment, they may appeal against the attached civil part, and the legal provisions are unclear as to what rights the criminal part has;

With regard to victims, Article 182 of the Criminal Procedure Law only stipulates that if they are dissatisfied with the first-instance judgment, they may have the right to apply to the people's procuratorate for a prosecutorial counter-appeal within five days from the second day of receiving the judgment.

We all know that the scope of issuance of criminal judgments by the people's courts is strictly regulated, and it can only be the public prosecution organs, the parties and their statutory and entrusting persons; If the victim does not fall within the scope of attached civil litigation, he cannot become a party, and the people's court has no legal basis for issuing a judgment to him, and if he or she cannot receive the judgment, there is no way to talk about his right to apply for a prosecutorial counter-appeal. This is an omission in the law.

In view of the above problems, it is suggested that the Criminal Procedure Law should be amended accordingly

1. Since the plaintiff in the attached civil action is only a part of the victims, the rights granted to the victims by law should also be given to the plaintiffs in the attached civil lawsuit. For example, the right to appeal for the criminal part.

2. Because the Criminal Procedure Law already stipulates the victim's right to apply for a prosecutorial counter-appeal, it is proposed that the Criminal Procedure Law be amended to stipulate that the people's court shall list the victim as a party in the criminal judgment. If the victim becomes a party, the people's court has a legal basis for serving the judgment on it, and the victim can receive the judgment, and only then can his right to apply for a prosecutorial counter-appeal become a real and practical right.

Such provisions are made to facilitate the operation of the judicial organs and the parties.

Write it in writing, hand it over to the prosecutor's office, you go to the gate, and the people at the door will.

Tell you who to give it to.

However, it is the procuratorate's decision whether to resist or not to protest the prosecution, and it is not an application that will definitely be able to protest the prosecution.

Legal Analysis: Where the victim and his legally-designated person are dissatisfied with the first-instance judgment of the local people's court at any level, they have the right to request that the people's procuratorate raise a prosecutorial counter-appeal within 5 days of receiving the judgment.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 229:Where victims and their legally-designated persons are dissatisfied with the first-instance judgment of any level of 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. Within 5 days of receiving a request for repentance 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. Bi Zheng this.

Article 230:The time limit for appeals and prosecutorial counter-appeals against judgments is 10 days, and the time limit for appeals and prosecutorial counter-appeals against rulings is 5 days, calculated from the second day of receipt of the judgment or ruling.