[Direct answer]In the Beijing area, the core of criminal appeals is not to repeat the facts already determined in the original trial, but to present new facts and evidence that can shake the original judgment. According to Articles 246 to 252 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) and the relevant provisions on filing appeals, appeals are generally initiated by the parties and their legal representatives, close relatives, or they can also entrust lawyers to submit them on their behalf. The materials usually include an appeal statement, the original trial judgment, new evidence that can prove that the original judgment was incorrect, and an explanation of the evidence that was not accepted or disputed in the original trial.Criminal defense and criminal case filingIn such services, lawyers usually first assess the feasibility of the appeal and then decide on the method of submission.

1. Problem background and typical scenarios

The common confusion in appeals is that the parties believe they are wronged, but it's difficult to advance the process because they repeatedly present the same batch of evidence that has already been reviewed. In fact, the acceptance of appeals usually requires that the grounds for appeal have a statutory basis, such as identifying factual errors, errors in the application of the law, evidence of forgery or concealment, illegal trial procedures, or corruption, bribery, or malpractice on the part of the trial personnel. Therefore, the key lies in finding new materials that have not been sufficiently reviewed before, or putting forward new analyses of existing evidence that have not been addressed before.Special services and other casesIn this column, family members often consult lawyers about the organization of appeal materials.

II. Key points of contention

First, whether the grounds for appeal fall within the statutory circumstances. Second, the time when the new evidence was formed and the reasons for its failure to be submitted. Third, whether there were indeed errors in the determination of facts or the application of the law in the original trial verdict. Fourth, whether the evidence was indeed forged, concealed, or destroyed. Fifth, whether there were any illegal procedures during the trial. Sixth, the eligibility of the appellant, including whether they are the party themselves, a close relative, or a lawyer acting on their behalf. Seventh, the time limit for accepting the appeal and the possible subsequent procedures that may be faced.

III. Professional analysis by Henglue Lawyers

When evaluating appeal cases, Henglu Law Firm usually first conducts a systematic review of the original trial case files. Taking a major case handled by Attorney Liu Liqiang of our firm as an example: During the first and second trials, the defense's arguments focused on four aspects, including whether the behavioral details before and after the collision could prove a specific subjective state, whether the defendant's act of calling the police constituted a voluntary surrender, whether the victim's side had any fault under criminal law, and how the charges should be defined. These arguments were adopted as the basis for the verdict precisely because each of them corresponded to verifiable evidence details. When reviewing such case files, lawyers will check every piece of physical evidence, documentary evidence, witness statements, defendant's confessions, appraisal opinions, and on-site investigation records to examine whether there are inconsistencies, whether the evidence collection procedures were legal, and whether there was evidence that should have been admitted but was not. Taking this case as an example, the conclusion was that the first-instance proceedings were illegal, the defendant concealed key facts when calling the police, resulting in repeated statements, and therefore did not constitute a voluntary surrender. Ultimately, the court convicted him of intentional homicide. This review logic also applies to appeals: Only by re-checking every link in the evidence chain can we identify any details that may have been overlooked in the original trial.Personal injury and medical disputesThe approach to reviewing evidence in similar cases is similar to this one.

IV. Practical suggestions and legal basis

Action suggestions: First, obtain all the original trial judgments, including the first-instance judgments, rulings, and second-instance rulings; Second, systematically organize the evidence, distinguishing between evidence that has been submitted, cross-examined, and not submitted in the original trial; Third, focus on unearthing new evidence and explain the time of its formation and the reasons for its failure to be submitted in a timely manner; Fourth, write the appeal grounds in accordance with the statutory appeal circumstances item by item; Fifth, entrust a lawyer to review the case files before finalizing the document; Sixth, pay attention to the time limit for accepting the appeal and avoid the materials becoming invalid due to exceeding the deadline; Seventh, if necessary, evaluate the necessity of applying for a retrial simultaneously. Legal basis: Articles 246 to 252 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding appeals; the provisions of the People's Court Criminal Trial Work Norms on the review of appeal cases; and the provisions of relevant judicial interpretations on appeal conditions and review procedures. For materials related to appraisals and injury situations, please refer to the relevant documents.Personal injury and medical disputesRegarding the connection between property-related matters and the execution of compensation, you can refer to the following for reference.Creditor's rights and debts, and enforcementThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, an appeal is not about repeating old arguments, but about presenting new facts and new evidence. Secondly, the time when the new evidence was obtained and the reasons for not submitting it earlier need to be explained in detail. Thirdly, it's difficult to advance the process solely with emotional statements. Fourthly, reviewing the case file is a crucial step in identifying omissions. Fifthly, attention should be paid to the connection between the appeal and the application for retrial to avoid procedural delays. Sixthly, the subject of the appeal must be qualified to avoid having the materials rejected on procedural grounds. Seventhly, one should maintain rational expectations regarding the outcome of the appeal, as no one can guarantee a specific result.

VI. Frequently Asked Questions

Q1: What materials are required to prepare for a criminal appeal?

It usually includes the appeal statement, the first-instance judgment and ruling of the original trial, the ruling or judgment of the second-instance trial, new evidence materials that can prove that the original judgment was incorrect, and an explanation of the evidence that was not accepted or disputed in the original trial. The appeal statement should state the request, facts, and reasons, and correspond to the statutory appeal circumstances item by item. It is recommended that the lawyer review the case file first and then finalize it to avoid missing key points.

Q2: What are the conditions for accepting an appeal?

According to the relevant provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018), an appeal shall meet one of the statutory conditions, such as the appellant believing that there is evidence to prove that the facts determined in the original judgment are indeed erroneous, or there is new evidence to prove that the facts determined in the original judgment are indeed erroneous, etc. In practice, the acceptance and review are relatively strict, and it is necessary to provide specific reasons and corresponding materials pointing to the errors of the original judgment. It is recommended to entrust a lawyer to first evaluate the feasibility to avoid submitting an ineffective appeal.

Q3: How should an appeal letter be written?

It is recommended to write it in three parts: First, the request, stating the specific content of the request for revocation or modification of the judgment; Second, the factual part, describing the course of the case in chronological order and marking the evidence; Third, the reasoning part, corresponding to the statutory appeal circumstances one by one, explaining the specific problems in the original judgment in terms of fact determination, application of law, acceptance of evidence, or application of procedures. The reasoning part should cite the evidence number to avoid vague statements.

Q4: What is the difference between an appeal and an appeal for review?

An appeal is filed with a higher-level court within a statutory time limit after a judgment or ruling is made. The time limit is relatively short, generally ten days for judgments and five days for rulings. A complaint is made against a ruling that has already taken effect, and it is filed with the people's court or the people's procuratorate. It is not subject to the time limit for appeals, but it also has statutory time requirements. An appeal targets a first-instance judgment, while a complaint targets a ruling that has taken effect. The two procedures are different. If you are not satisfied with the judgment of the second instance, you can only seek remedies through the complaint or judicial supervision procedures.

Q5: How much does it cost to hire a lawyer to file a criminal appeal?

The fees are determined through consultation between the law firm and the client, and mainly depend on whether a comprehensive review of the original trial files is needed, the stage of the case, the quantity and complexity of the evidence, and whether it is necessary to conduct a new appraisal or investigation to collect evidence, etc. The cost of a comprehensive review of the files and the preparation of appeal documents is relatively high; the cost of submitting appeal opinions on a specific dispute point is relatively manageable. If it involves the application for a retrial and the subsequent filing of a counter-appeal, the fees will increase accordingly. It is recommended to conduct a feasibility assessment first before deciding on the scale of investment.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Liu Liqiang·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.