[Direct answer]In the Beijing area, criminal appeals require five types of materials: an appeal letter (containing the appellant's information, requests, and factual grounds), the original trial judgment documents (including first-instance and second-instance judgments, rulings), proof of identity and kinship, evidence supporting the appeal (new evidence, analysis of conflicting evidence, appraisal opinions, etc.), and power of attorney procedures (authorization letters, copies of lawyers' practice certificates, and letters from law firms). According to Article 252 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), parties and their legal representatives or close relatives may file appeals to the people's courts or people's procuratorates against effective judgments and rulings, but the execution of the judgment shall not be suspended during the appeal period. Whether the appeal is admissible depends on whether the materials point to statutory circumstances requiring a retrial. For more details, please refer to the following link:Criminal defense and criminal case filing services.

1. Problem background and typical scenarios

Criminal appeals often occur after the judgment takes effect. Typical scenarios include: the family believes that the evidence for conviction is insufficient, such as the absence of an alibi or the recantation of key witnesses; the emergence of new evidence, such as appraisal opinions or interrogation audio and video showing that the evidence collection process was illegal; the defendant exposing others' crimes or providing important clues to meritorious service after the judgment; disagreements over excessive sentencing or the nature of the crime, such as whether it should be classified as intentional homicide or intentional injury; and the discovery of clues indicating that the trial personnel violated disciplinary rules or laws. Appeal is a statutory remedy channel, but it does not necessarily lead to a retrial - if the materials are not solid or the reasons are not specific, it is difficult to enter the re-trial process. During the appeal period, the family can also legally entrust lawyers to meet with the defendant and submit materials on their behalf. Specific strategies can be combined with the above-mentioned situations.Criminal defense and criminal case filing servicesDevelop.

II. Key points of contention

There are four focal points of the controversy. Firstly, the subject of the appeal: Article 252 of the Criminal Procedure Law stipulates that only the parties and their legal representatives, close relatives, and other relatives or friends have the right to directly file an appeal. Secondly, the grounds for the appeal: The materials must point to the statutory circumstances for a retrial—new evidence affecting the conviction and sentencing, evidence that is unreliable, insufficient, or contradictory, application of the law with clear errors, procedural violations affecting a fair trial, or the violation of the law by the trial personnel. It is difficult to initiate an appeal simply by expressing dissatisfaction. Thirdly, the receiving organ: Both the people's courts and the people's procuratorates can accept the appeal, but the strategies for submitting it to different organs are different. Fourthly, the time limit and execution: The appeal does not stop the execution of the original judgment, and the judicial interpretations also have binding force on the time limit for accepting the appeal. For strategies related to the appeal and evidence collection, reference can be made to the relevant provisions.Special services and other case-related servicesCoordinate and arrange everything in an organized manner.

III. Professional analysis by Hengluo Law Firm

In the criminal and civil lawsuit case of intentional homicide represented by Attorney Liu Liqiang, the court ultimately sentenced the defendant to death for intentional homicide. The case involves multiple disputes, including whether the defendant had subjective intent, whether his act of actively calling the police and lying about the brake failure could be considered a voluntary surrender, and whether the crime should be classified as intentional homicide or endangering public safety by dangerous means. Such disputes precisely demonstrate that the value judgment in death penalty cases is highly complex. Once the family believes that the original trial made factual or legal errors in the focus issues, the organization of the appeal materials should directly target the core disputes—for example, supplementing evidence to prove subjective intent, pointing out contradictions in the original trial evidence, or demonstrating errors in the classification of the crime. It should be noted that appeal is a statutory right of the defendant. Regardless of which side one stands on, the most important tasks in the appeal stage include obtaining new evidence, reviewing the original trial files, and systematically sorting out contradictions in the evidence. This case was handled by Beijing Henglu Law Firm.Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts as the agent. The appeal materials should avoid emotional statements and should be based on evidence and law.

IV. Practical suggestions and legal basis

The legal basis is Article 252 of the Criminal Procedure Law of the People's Republic of China (amended for the third time on October 26, 2018) (on the subject of the appeal and the accepting organ, and the appeal shall not stop the execution); Article 253 (on the circumstances in which the people's court shall retry the case); Articles 246 to 250 (on the death penalty review procedure); Article 48 of the Criminal Law of the People's Republic of China (on the death penalty only applicable to criminals with extremely serious crimes, and the death penalty, except for those sentenced by the Supreme People's Court in accordance with the law, shall be submitted to the Supreme People's Court for approval); and the provisions on the acceptance of appeals, time limits, and review procedures in the Interpretation of the Criminal Procedure Law of the People's Republic of China issued by the Supreme People's Court (effective from March 1, 2021). Practical suggestions: First, retrieve and read through all the case files of the original trial to sort out the contradictions in the evidence; Second, organize the grounds for appeal around the statutory circumstances for retrial; Third, collect new evidence simultaneously and explain the sources and the objects of proof; Fourth, determine the accepting organ and submit the materials in accordance with the required number; Fifth, entrust a lawyer to file the appeal on behalf of the client and track the progress. For legal assistance in the death penalty review stage, please refer to the relevant provisions.Criminal defense and criminal case filing servicesIntervene in time.

5. Henglu Law Firm's Advice

Applying for an appeal is a serious legal procedure, not an opportunity to make a fuss again. Three reminders: First, the materials must be specific - shouting injustice won't help. Each claim should be supported by evidence or conflicting evidence; Second, pay attention to the rules on the time limit for accepting appeals. The earlier you file, the more conducive it is to fixing and retrieving evidence; Third, the execution of the judgment will not be suspended during the appeal period. For cases involving the death penalty, the approval process will proceed separately according to law. It is recommended that the family entrust a professional criminal lawyer to review the entire case file and evaluate the possibility of an appeal before initiating the process, so as to avoid wasting limited procedural opportunities and family resources on blind appeals. The specific circumstances of each case vary greatly. For specific issues, it is recommended to bring the judgment documents for face-to-face consultation.

VI. Frequently Asked Questions

Q1: After appealing a criminal case, is there a chance of a retrial or a reversal of the verdict? What are the chances of this happening?

Whether the appeal can result in a change of verdict depends on whether the materials can point to circumstances requiring a statutory retrial. According to Article 253 of the Criminal Procedure Law, the people's court shall retrial the case if there is new evidence proving that the facts determined in the original judgment are indeed erroneous and may affect the conviction and sentencing, if the evidence used to convict and sentence the defendant is not authentic or sufficient, or if there are contradictions among the main evidence, if the original judgment applied the law erroneously, or if the violation of statutory litigation procedures may affect the fairness of the trial. In other words, dissatisfaction with the verdict itself does not constitute a reason. The possibility of a change in the verdict depends on whether the errors pointed out in the appeal are specific and verifiable. After lawyers intervene, they will first review the case files and evaluate them before deciding whether to appeal. They will not make unrealistic promises.

Q2: What core materials and evidence should be prepared for a criminal appeal?

The five core materials are: 1. A petition for appeal, which specifies the appellant, the parties involved, and the appellant's request and factual grounds; 2. The judgment documents of the original trial (first-instance and second-instance judgments and rulings); 3. The appellant's identity proof and proof of his/her close family relationship with the parties (household registration booklet, marriage certificate, birth certificate, etc.); 4. Evidence materials, including new evidence (appraisal opinions, new witness statements, alibi proofs, and interrogation audio/video recordings) and a summary of the contradictions with the evidence of the original trial; 5. Power of attorney documents (authorization letters, copies of the lawyer's practice certificate, and letters from the law firm). The materials should be organized according to the statutory circumstances of the retrial, with each claim corresponding to evidence to avoid lengthy emotional statements.

Q3: If I hire a lawyer to represent me in a criminal appeal, how is the fee charged, and how much will the litigation costs be?

During the appeal stage, if you hire a lawyer, the fees will be determined through negotiation between the law firm and the client, typically based on the complexity of the case, the workload of reviewing the case file, and the difficulty of obtaining evidence. The fees may be charged on a per-case basis, by stages, or on an hourly basis, with no national standard in place. Generally, there is no need to pay litigation fees for the appeal itself, but there may be actual expenses such as appraisal fees, travel expenses, and investigation and evidence collection during the appeal process, which should be listed in writing before hiring a lawyer. It is important to note that the outcome of the appeal is uncertain, and any promises guaranteeing a reversal of the verdict are unreliable. It is recommended to choose a lawyer who can realistically assess the chances of success in the appeal and clearly define the fee boundaries, linking the fees to the substantive work of reviewing the case file.

Q4: How long does it usually take to get a result for a criminal appeal?

There is no fixed time limit for appeal hearings, and the timeframe is very flexible. After the People's Court or the People's Procuratorate receives the appeal, they need to review whether the materials are complete and whether they fall within the scope of acceptance, and then decide whether to initiate a review. For cases with clear facts and clear reasons, a response may be available within a few months. However, if it is necessary to retrieve evidence, verify clues, or seek guidance from higher authorities, the process may take more than a year. During the appeal period, the execution of the original judgment will not be suspended. The approval procedures for death penalty cases will proceed separately according to law. It is recommended to organize the appeal reasons and evidence in a clear and accessible manner, reduce the time spent by the reviewing authorities on repeated corrections, and keep abreast of the progress through lawyers in a timely manner.

Q5: A family member has been sentenced to death, and the family wants to appeal. What exactly should they do?

It is recommended to proceed in five steps: 1. Confirm the qualifications of the appellant—the party concerned and their legal representatives or close relatives may file an appeal, while other close relatives need to confirm authorization. 2. Promptly hire a professional criminal lawyer to review all the case files from the first and second instance trials, examine the evidence chain and legal application item by item, and assess whether there is new evidence, conflicting evidence, or procedural violations. 3. Draft an appeal statement based on the statutory circumstances for a retrial, organize corresponding evidence, and clarify the appeal request. 4. Identify the accepting authority (people's court or people's procuratorate), submit the materials in the required number, and retain the receipt. 5. Monitor the execution process during the appeal period and maintain communication with family members and defense lawyers. Throughout the process, maintain rationality and ensure that the filing deadline is not missed.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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.