How long does it take to transfer from the first instance to the second instance?

If they are dissatisfied with the first-instance judgment or ruling, the time limits for appeal and prosecutorial counter-appeal are 10 days and 15 days respectively, counting from the second day after receiving the judgment or ruling. Defendants, private prosecutors, and their legally-designated persons who are dissatisfied with the first-instance judgment or ruling of a local people's court at any level have the right to appeal to the people's court at the level above by means of an appeal petition or orally. The defendant's defender and close relatives may file an appeal with the defendant's consent.

Parties to attached civil litigation and their legally-designated persons may appeal the attached civil litigation portion of the first-instance judgment or ruling of the local people's court at all levels. The right of appeal against the defendant shall not be deprived of it under any pretext. With regard to the issue of the time limit for second-instance trial, the second-instance trial court accepting an appeal and prosecutorial counter-appeal case shall complete trial within two months.

In cases where a sentence might be given or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 156 of this Law, an extension of 2 months may be granted upon approval or decision of the high people's court of the province, autonomous region, or directly governed municipality, and where it is necessary to pay back a long period of time due to special circumstances, it is to be reported to the Supreme People's Court for approval. The time limit for the Supreme People's Court to accept appeals and prosecutorial counter-appeals is to be decided by the Supreme People's Court. Legal basis:

Article 232 of the Criminal Procedure Law of the People's Republic of China: Second-instance people's courts accepting appeals and prosecutorial counter-appeals shall complete trial within two months. In cases where the death penalty might be given or in cases with attached civil litigation, as well as in any of the circumstances provided for in article 156 of this Law, an extension of two months may be granted upon approval or decision of the high people's court of the province, autonomous region, or directly governed municipality, and where it is necessary to pay back a long period of time due to special circumstances, it is to be reported to the Supreme People's Court for approval. The time limit for the Supreme People's Court to accept appeals and prosecutorial counter-appeals is to be decided by the Supreme People's Court.

The maximum period from the time the public security organ makes an arrest to the time before the verdict of the first instance is handed down is one full year.

The appeal petition shall be submitted within 10 days after the first-instance judgment is issued.

Then, the verdict was handed down in the second instance for a maximum of half a year.

In the case of a major case, it can be extended for six months.

In practice, due to the large workload of the court, there will be a relatively slow transfer, you can communicate with the judge of the first instance and urge you, which will help you transfer your case to the court of second instance more quickly.

Legal analysis: The time limit for a civil case to be transferred to the court of second instance is up to 30 days, and for a criminal case it is only 3 days. The person undertaking the court of first instance may be questioned, or reported to the trial supervision department of that court, and when necessary, reported to the people's procuratorate to request that it supervise the court's handling of the case in accordance with law.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 150: When the original people's court receives an appeal petition, it shall send a copy of the appeal petition to the opposing party within 5 days, and the opposing party shall submit a reply within 15 days of receipt. The people's court shall send a copy to the appellant within 5 days of receiving the reply.

Where the opposing party does not submit a reply, it does not affect the people's court's trial. The original people's court shall send it to the second-instance trial court within 5 days, together with all case files and evidence of rent destruction.

Criminal Procedure Law of the People's Republic of China》 Article 184:Where defendants, private prosecutors, plaintiffs and defendants in attached civil litigation submit an appeal through the original people's court, the original people's court shall transfer the appeal petition to the people's court at the level above within 3 days, together with the case file and evidence, and at the same time send a copy of the appeal petition to the people's procuratorate at the same level and the opposing party. Where the defendant, private prosecutor, plaintiff in an attached civil lawsuit, or the defendant directly submits an appeal to the second-instance trial court, the second-instance trial court shall send the appeal petition to the original people's court within 3 days and send it to the people's procuratorate at the same level and the opposing party.

Legal analysis: It takes about six and a half months from the first instance to the second instance, and about three and a half months if the summary procedure is applied. This is because the time limit for the first instance of ordinary procedures is six months, and the time limit for the first instance of summary procedures is three months.

The time limit for filing an appeal against the first instance is 15 days from the date on which the judgment is served.

Legal basis: Where the defendant, private prosecutor, plaintiff or defendant in an attached civil lawsuit submits an appeal through the original people's court, the original people's court shall transfer the appeal petition together with the case file and evidence to the people's court at the level above within 3 days, and at the same time send a copy of the appeal petition to the people's procuratorate at the same level and the opposing party.

It takes about six and a half months from the first trial to the second trial, and about three and a half months if the summary procedure is applied. This is because the time limit for the first instance of ordinary procedures is six months, and the time limit for first instance of summary procedures is three months. The time limit for filing an appeal against the first instance is 15 days from the date on which the judgment is served.

Article 231 of the Criminal Procedure Law of the People's Republic of China on Slow Prudence in Criminal Litigation Files Where a defendant, a private prosecutor, a plaintiff or defendant in an attached civil lawsuit submits an appeal through the original people's court, the original people's court shall transfer the appeal petition together with the case file and evidence to the people's court at the level above within three days, and at the same time send a copy of the appeal petition to the people's procuratorate at the same level and the opposing party.

The court of first instance will normally transfer the case to the second instance within 15 days. The details are as follows:

1. If the parties to the case are dissatisfied with the judgment or ruling made by the court of first instance, they may file an appeal with the higher level within the prescribed time, and the second-instance trial procedure will be initiated. People's courts hearing appeals against judgments shall complete trial within 3 months of filing the case in the second-instance trial. Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served;

2. Where a party is dissatisfied with the first-instance ruling of a local people's court, it has the right to appeal to the people's court at the level above within 10 days from the date on which the ruling is served. The appellate petition shall be submitted through the original people's court, and copies shall be submitted in accordance with the number of opposing parties or representatives. Where there are special circumstances that require an extension, it is to be approved by the president of that court.

People's courts hearing appeals against rulings shall make a final judgment within 30 days of filing the second-instance trial.

Conditions for filing an appeal:

As long as the subject of the right to appeal is dissatisfied with the first-instance judgment or ruling and submits an appeal in accordance with law within the legally-prescribed time limit, the people's court shall accept it and initiate the second-instance trial procedures. 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 can only raise a prosecutorial counter-appeal. The specific performance is as follows:

1. The facts are unclear and the evidence is insufficient;

2. There is credible and sufficient evidence to prove guilt and a verdict of not guilty, or a verdict of not guilty;

3. Where a felony is given a light sentence or a misdemeanor is given a heavy sentence, and the application of the punishment is clearly improper;

4. Where it is found that the charges are incorrect, and multiple crimes are convicted of one crime, or one crime is convicted for multiple crimes, impacting sentencing or causing a serious social impact;

5. Waiver of criminal punishment or application of suspended sentence is wrong;

6. The people's court seriously violates the litigation procedures prescribed by law in the course of trial.

To sum up, if a party is dissatisfied with the first-instance judgment of a local people's court, he has the right to appeal to the people's court at the level above within 15 days from the date on which the judgment is served. Where a party is dissatisfied with the first-instance ruling of a local people's court, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

Legal basis:

Article 230 of the Criminal Procedure Law of the People's Republic of China.

The time limit for appeals and counter-appeals against judgments is 10 days, and the time limit for appeals and counter-appeals against rulings is 5 days, starting from the second day after receiving the judgment or ruling.

Article 231.

Where defendants, private prosecutors, plaintiffs and defendants in attached civil litigation submit an appeal through the original people's court, the original people's court shall transfer the appeal petition together with the case file and evidence to the people's court at the level above within 3 days, and at the same time send a copy of the appeal petition to the people's procuratorate at the same level and the opposing party.

Where defendants, private prosecutors, plaintiffs and defendants in attached civil litigation directly submit an appeal to the second-instance trial court, the second-instance trial court shall send the appeal petition to the original people's court within 3 days and send it to the people's procuratorate at the same level and the other party's party.

Legal analysis: In general, if the first instance of a case is tried using the simple and easy procedure, the case will be closed three months after the case is filed, and there will be an appeal period of 15 days after receiving the judgment, and it will take about 10 days for the appeal to be filed.

Legal basis: Civil Procedure Law of the People's Republic of China Article 164: Where a party is dissatisfied with a local people's court's first-instance judgment, he has the right to appeal to the people's court at the level above within 15 days of the judgment being served. Where the parties are dissatisfied with the first-instance ruling of the local people's court, they have the right to appeal to the people's court at the level above the People's Court within 10 days of the delivery of the ruling.