Procedure of filing an appeal or protest appeal against the judgment or ruling of the people’s court of as a court of first instance

According to the Criminal Procedure Law, the defendant, the private prosecutor and their legal agents shall have the right to appeal in writing or verbally to the people’s court at the next higher level against a judgment or ruling of a district people’s court at any level as a court of first instance. A defender or near relative of the defendant may file an appeal for the defendant with the consent of the defendant.

A party in an incidental civil action and his legal agent may appeal against the incidental civil action portion of a judgment or ruling of a local people’s court at any level as a court of first instance. A defendant shall not be deprived of the right to appeal under any reasons.

A victim and his legal agent shall have the right to request that the people’s procuratorate file a protest appeal against a judgment of a local people’s court at any level as a court of first instance, within five days after receiving the written judgment. The people’s procuratorate shall decide whether to file a protest appeal and make a reply to the requesting party, within five days after receiving the request from the victim and his legal agent.

The time limit for filing an appeal and a protest appeal against a judgment shall be ten days, and the time limit for filing an appeal and a protest appeal against a ruling shall be five days, starting from the next day of receiving a written judgment or ruling.