[Direct answer]The law does not require that an appeal must be filed by a lawyer. According to Article 252 of the Criminal Procedure Law (amended and implemented on October 26, 2018), parties and their legal representatives or close relatives may file appeals to the people's courts and people's procuratorates on their own, and the appeal does not stop the execution of the judgment or ruling. However, the threshold for initiating a retrial is high - it must meet five conditions stipulated in Article 253, including the availability of new evidence, the inaccuracy or insufficiency of the original evidence, and errors in the application of the law. The collection of new evidence, the summary of errors, and the progress of the procedure all highly depend on professional review and legal argumentation. Self-appeals are often rejected due to inadequate materials, so it is recommended to entrust a lawyer to evaluate the case. You can first go through the following steps:Criminal defense and legal services for criminal case filingLearn the key points of the appeal, or visitBeijing Henglue Law FirmMake an appointment for the paper review and evaluation.

I. Problem background and typical scenarios

After the verdict takes effect, many family members and prisoners who are not satisfied with the judgment actually file appeals, but very few of them succeed in getting the verdict overturned in a retrial. The key lies in the quality of the evidence and the identification of errors. Typical scenarios include: contradictions between the main evidence used to determine the facts; the defendant believing that they did not commit the alleged crimes; an obviously unbalanced sentencing that they want to challenge or adjust; the emergence of new evidence or new appraisals during the serving of the sentence; and submitting multiple rounds of appeal letters only to receive no response, with no idea about who to submit the materials to or what format they should be in to meet the acceptance criteria. An appeal is not just a rehearing, but also requires convincing the reviewing authority that the original verdict was indeed erroneous, which is itself a highly challenging legal argumentation task.

II. Key points of contention

  • The grasp of the statutory circumstances for retrial: According to Article 253 of the Criminal Procedure Law, retrial should only be conducted in the following five circumstances: there is new evidence proving that the facts of the original judgment are indeed erroneous and may affect the conviction and sentencing; the evidence is not reliable or sufficient, or there are contradictions among the main evidence; there are indeed errors in the application of the law; the procedural violations may affect the fairness of the trial; and the trial personnel are guilty of bribery and miscarriage of justice. The appeal materials must correspond to each of these circumstances one by one.
  • Appellate channels and hierarchies: Appeals should be lodged with the court that issued the final judgment or the procuratorate at the same level. If the appeal is rejected, it should be continued to the higher court or procuratorate. Different channels have different requirements for the format of materials and evidence. Choosing the wrong channel will waste time in vain.
  • Deadline and multiple appeals: Appeals should generally be filed within two years after the completion of the execution of the sentence. Appeals may still be accepted if there are statutory circumstances beyond the deadline. After the appeal is rejected, the review of the next appeal should be stricter, and the quality of the materials becomes increasingly important with each subsequent appeal.

III. Professional analysis by Henglue Law Firm

The outcome of a criminal case depends on the review of evidence and legal qualification, and the depth of professional lawyers' involvement directly affects the progress of the proceedings, including the appeal stage. Taking a criminal case of intentional homicide with civil litigation handled by Henglue Law Firm as an example: On the night of June 16, 2024, a dispute arose at the laboratory of a concrete mixing station over the quality of construction concrete. After Zhang Qiang was persuaded to return to his dormitory, he drove a white Cheetah car at a speed of about 60 to 62 kilometers per hour into the laboratory, smashed the door and rushed out through the back wall, resulting in the instant death of Zhao Gang and injuries to Zhang Bin and Li Yuanzheng. Zhao Gang's wife, Liu Shufen, entrusted Liu Liqiang, a lawyer from Beijing Henglue Law Firm, to represent her in the criminal litigation with civil compensation. The case focused on three disputes: whether subjective intent could be identified, whether voluntary surrender was established, and whether the crime should be classified as intentional homicide or endangering public safety by dangerous means. The opposing party claimed that "they wanted to kill them" was just a joke, that voluntary surrender was established by calling the police, and that the crime should be classified as endangering public safety. Liu Liqiang thoroughly reviewed the physical evidence, documentary evidence, witness testimonies, defendant's statements, appraisal opinions, on-site inspection records, and audiovisual materials, and refuted them one by one: Zhang Qiang had clear verbal expressions before the impact, accelerated when he was less than 5 meters away from the door, and knew the location of the people indoors but did not take any evasive action, indicating clear intent to kill; when calling the police, he lied about brake failure, made inconsistent statements and repeatedly recanted, which did not constitute voluntary surrender according to law; his actions targeted specific multiple people, so it should be classified as intentional homicide, and his cruel methods and refusal to admit guilt and compensate should result in severe punishment. The court adopted the lawyer's arguments, determined that Zhang Qiang intentionally deprived others of their lives by dangerous means of driving, causing one death and two injuries, and constituted intentional homicide, sentencing him to death, and supporting the victim's family's compensation request in the civil litigation. This case shows that the conviction and sentencing depend on the accurate grasp of evidence and legal application, and post-trial remedies also rely on a comprehensive review of the case file, identification of errors, and organization of evidence, which is the value of professional lawyers in the appeal process. 刑事案件的结果取决于证据审查与法律定性，专业律师的介入深度直接关系程序走向，申诉环节亦是如此。以恒略律师事务所办理的一起故意杀人罪附带民事诉讼案件为例：2024年6月16日深夜，某拌合站实验室因施工混凝土质量问题发生争执，张大强被劝回宿舍后，驾驶白色猎豹汽车以约60至62公里每小时的速度冲撞实验室，撞毁房门从后墙冲出，致赵刚当场死亡、张斌与李远征受伤。被害人赵刚之妻刘淑芬委托北京恒略律师事务所刘立强律师代理刑事附带民事诉讼。案件争议集中三点：主观故意能否认定、自首是否成立、罪名应定性为故意杀人罪还是以危险方法危害公共安全罪。对方主张“要弄死他们”仅系玩笑话、主动报警构成自首、应定性为危害公共安全。刘立强律师完整审阅物证、书证、证人证言、被告人供述、鉴定意见、现场勘验笔录及视听资料后，逐项反驳：张大强撞击前有明确言语表露、距门口不足5米仍加速、明知室内人员位置却未采取任何避让，杀人故意明确；报警时谎称刹车失灵、供述前后不一且反复翻供，不构成自首；其行为目标明确、针对特定多人，应定性为故意杀人罪，且手段残忍、拒不认罪赔偿，应从重处罚。法院采纳代理意见，认定张大强以驾车撞击的危险方法故意非法剥夺他人生命，造成一死两伤，构成故意杀人罪，判处死刑，附带民事诉讼部分支持了被害人家属的赔偿请求。本案说明：定罪量刑取决于证据与法律适用的精准把握，而事后救济同样要靠完整的阅卷、错点归纳与证据组织，这正是专业律师在申诉中的价值所在。

IV. Practical suggestions and legal basis

Law-based aspects: Article 252 of the Criminal Procedure Law (amended and implemented on October 26, 2018) grants parties and their legal representatives and close relatives the right to appeal, and explicitly states that appeals do not suspend the execution of judgments or rulings; Article 253 lists five circumstances in which the people's court shall retry a case; Article 254 stipulates that the Supreme People's Procuratorate has the right to file a protest against judgments and rulings that have taken legal effect against courts at all levels, and superior people's procuratorates have the right to file a protest against judgments and rulings that have taken legal effect against subordinate courts, and the courts accepting the protests shall retry the cases in accordance with the trial supervision procedures. The "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" (implemented on March 1, 2021) elaborates on the jurisdiction of appeals and the materials and review procedures; the "Several Opinions on Regulating the Filing of Retrial Cases by People's Courts (Trial)" (issued in 2002) stipulates that appeals shall generally be filed within two years after the completion of the execution of the punishment, except in cases with statutory circumstances. Practical suggestions: First, lawyers should review the case files to assess whether there are statutory circumstances for retrial to avoid filing appeals blindly; focus on collecting new evidence and applying for re-examination; submit standardized materials to the appellate court and the procuratorate at the same level; after being rejected, lawyers should reorganize the evidence system and make further efforts. If the retrial results in an acquittal, they can also apply for state compensation in accordance with the State Compensation Law of the People's Republic of China.

5. Henglu Law Firm's Reminder

An appeal is a form of legal remedy, not a reopening of the case. Evidence and errors in the original judgment are the only factors that matter. If the appeal does not suspend the execution of the sentence, the prisoner will continue to serve the sentence. Poorly written appeal letters are unlikely to succeed and may even affect the acceptance and evaluation of subsequent appeals. Before deciding to appeal, you should first answer three questions: whether there is new evidence or obvious contradictions in the evidence; whether the original judgment was based on factual or legal errors; and which authority or level will accept the appeal. All three questions must be based on a thorough review of the case file. It is recommended to hire a professional lawyer to conduct a preliminary assessment before deciding whether to proceed with the appeal process. If you are preparing for a criminal appeal, you can contact us for assistance.Criminal defense and legal services for criminal case filingOrBeijing Henglu Law FirmMake an appointment for the review and analysis of the examination papers.

Q1: Who can file a criminal complaint?

According to Article 252 of the Criminal Procedure Law, the parties and their legal representatives or close relatives may file an appeal to the people's court or the people's procuratorate against a judgment or ruling that has already taken legal effect. The parties include the defendant, the victim, the self-prosecutor, etc. If the defendant dies, his close relatives may file an appeal on his behalf. The appeal should submit materials such as the appeal statement, the original judgment or ruling, new evidence or explanations of errors, and submit them to the court that made the final judgment or the procuratorate at the same level. Note that the appeal cannot stop the execution of the judgment or ruling, and the serving of the sentence will not be interrupted by the appeal. The quality of the materials determines the possibility of acceptance and retrial.

Q2: Under what conditions will the court decide to retry the case?

According to Article 253 of the Criminal Procedure Law, if the appeal meets any of the following circumstances, the people's court shall retry the case: there is new evidence to prove that the facts determined in the original judgment or ruling are indeed erroneous, which may affect the conviction and sentencing; the evidence used to convict and sentence the defendant is unreliable, insufficient, or there are contradictions between the main evidence proving the facts of the case; the original judgment or ruling applied the law erroneously; the litigation procedures violate the law, which may affect the fairness of the trial; or the trial personnel engaged in acts of corruption, favoritism, or miscarriage of justice when trying the case. The appeal materials should correspond the factual errors, evidentiary contradictions, and legal application errors to the above-mentioned circumstances.

Q3: Are there any time limits for criminal appeals?

The Criminal Procedure Law itself does not set a deadline for appeals, but according to the "Several Opinions of the Supreme People's Court on Regulating the Filing of Retrial Cases by People's Courts (Trial)" (issued in 2002), appeals generally should be filed within two years after the completion of the execution of the sentence; if filed after two years, the court shall still accept the appeal if there are statutory circumstances such as the possibility of acquittal or the fact that the personnel handling the original case were involved in bribery or illegal actions. In practice, the longer the time drag on, the greater the risk of evidence loss and stricter review standards. If you have new evidence or obvious errors, it is recommended to file the appeal as soon as possible after evaluation by a lawyer to avoid missing the most favorable acceptance window.

Q4: Will filing an appeal stop me from serving my sentence?

No. According to Article 252 of the Criminal Procedure Law, an appeal cannot stop the execution of a judgment or ruling, and the punishment will be carried out as usual during the appeal period. This system means that the appeal must be done correctly the first time: appeals with incomplete materials or unclear errors are mostly rejected in writing, which will also affect the acceptance and evaluation of subsequent appeals. For those who appeal during their imprisonment, the appeal can be coordinated with the procedures of commutation of sentence and parole; if there are indeed injustices, more efforts should be made in fixing evidence, re-appraising, and collecting witness testimonies. If the appeal is reviewed and retried and ultimately leads to a change in the verdict, the corresponding punishment will be adjusted according to law; if the verdict is changed to acquittal, the person may apply for state compensation according to the State Compensation Law of the People's Republic of China.

Q5: What can I do after my appeal is rejected?

There are still avenues for relief. If the appeal is rejected by the court, the appellant may continue to appeal to the people's court at the next higher level, or apply to the people's procuratorate at the same level or at the higher level for supervision; according to Article 254 of the Criminal Procedure Law, the Supreme People's Procuratorate has the right to file a protest against the judgments and rulings that have taken legal effect of all levels of courts, and the people's procuratorates at the higher level have the right to file a protest against the judgments and rulings of the lower-level courts, if any errors are found. The people's court accepting the protest shall retry the case. If the appeal is rejected multiple times, the lawyer should reorganize the evidence system and supplement new evidence before making the appeal again, so as to avoid wasting the opportunity for acceptance due to scattered and repetitive appeals.

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