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How to put forward the appeal of criminal incidental civil action

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How to put forward the appeal of criminal incidental civil action


        

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  • 2024-06-05 23:00:48

    The parties to an incidental civil action and their legal representatives may appeal against the incidental civil action part of a judgment or order of first instance made by a local people's court at any level.

    If the plaintiff and defendant in an incidental civil action file an appeal through the people's court that originally tried the case, the people's court that originally tried the case shall, within three days, transfer the petition of appeal, together with the case file and evidence, to the people's court at the next higher level, and at the same time, send a copy of the petition of appeal to the people's procuratorate at the same level and the other party. If the plaintiff and defendant in an incidental civil action file an appeal directly to the people's court of second instance, the people's court of second instance shall, within three days, deliver the petition of appeal to the people's court that originally tried the case to the people's procuratorate at the same level and the other party.

    [Legal Basis]

    In Article 227 of the Criminal Procedure Law, if the defendant, private prosecutor and their legal representatives refuse to accept the judgment or order of first instance of the local people's court at various levels, they have the right to appeal to the people's court at the next higher level in writing or orally. With the consent of the defendant, his defenders and close relatives may file an appeal. The parties to an incidental civil action and their legal representatives may appeal against the incidental civil action part of a judgment or order of first instance made by a local people's court at any level. The defendant's right of appeal may not be deprived on any pretext.

    Bar***

    2024-06-05 23:00:48

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