The defendant, private prosecutor, incidental civil action the plaintiff and the defendant appeal through the people's court which originally tried the case, the people's court which originally tried the case shall, within three days will be submitted together with the case file and evidence to the court at the higher level, at the same time will be sent to a copy of the people's procuratorate at the same level and the other party.

The defendant, private prosecutor, incidental civil action the plaintiff and the defendant appeal directly to the people's court of second instance, the people's court of second instance shall, within three days deliver duplicates of the people's court which originally tried the case to the people's procuratorate at the same level and the other party.

Interpretation of the supreme people's court on the implementation of several issues of the criminal procedure law of the People's Republic of China

Article 233 a people's court shall, in general, have an original and a copy of the appeal case accepted by the people's court.

The petition shall include: the first trial judgment, the written document and the time the appellant received; The name of the first instance court; The appeal and justification of the appeal; Time of appeal; The appellant's signature or seal. If the defendant's defenders or near relatives have agreed to appeal the appeal, the relationship between the person and the accused shall be clearly indicated, and the defendant shall be the appellant.

Article two hundred and thirty-four of the defendant, private prosecutor, incidental civil litigation of the plaintiff and the defendant appeal by writing submitted and difficulties of oral, the people's court of first instance shall, according to the stated reason for making a record, and request by the appellant to read or shall be read out to the later, the appellant shall be signed or sealed by him or her.

Article two hundred and thirty-six a defendant, private prosecutor, incidental civil lawsuit the plaintiff and the defendant appeal through the people's court of first instance, the people's court of first instance shall examine whether the appeal in accordance with the law. Comply with the provisions of the law, it shall within three days after the expiration of the appeal petition together with the case file and evidence to the court at the higher level, at the same time will be sent to a copy of the people's procuratorate at the same level and the other party.

Article two hundred and thirty-seven a defendant, private prosecutor, incidental civil lawsuit the plaintiff and the defendant appeal directly to the people's court of second instance, the people's court of second instance shall, within three days from the date of after deliver duplicates of the people's court of first instance. The people's court of first instance shall examine whether the appeal complies with the provisions of the law. In conformity with the law, it shall within three days after received a petition will be submitted together with the case file and evidence to the court at the higher level, at the same time will be sent to a copy of the people's procuratorate at the same level and the other party.

Article 238 the defendant, the private prosecutor, the plaintiff in the incidental civil action or the defendant and his legal agent shall, within the time limit of the appeal, request the withdrawal of the appeal.

Article two hundred and thirty-nine a defendant, private prosecutor, incidental civil lawsuit the plaintiff and the defendant or his legal representative asked to withdraw the appeal after appeal expires, shall be examined by the people's court of second instance. If the original judgment is deemed to be true and the applicable law is correct and the sentence is appropriate, the defendant shall be ruled to withdraw the appeal; If the original judgment is not clear, the evidence is insufficient or the acquittal is found guilty or guilty of a misdemeanor, it shall not be allowed to withdraw the appeal and proceed to the hearing according to the procedure of appeal.

Article 240 the people's procuratorates at the local level shall file a protest against the first instance of the people's court of the same class and the protest of a written order. The people's court of first instance shall, within three days after the expiration of the period of protest, bring the written protest to the people's court at the next higher level, along with the case and evidence, and send a copy of the protest to the party concerned.