The Criminal Appeal Process in China: Deadlines, Grounds, and Strategy
A defendant dissatisfied with a first-instance criminal judgment has the right to appeal. But the window is short and the strategy requires careful consideration. Under Criminal Procedure Law, Articles 227–244 [CN official], the appeal framework is structured but not always intuitive to those familiar with Western appellate systems.
Who Can Appeal and When
The defendant, their legal representative, or their defence lawyer (with the defendant's consent) may file an appeal. The deadline is 10 days from receipt of the written judgment — or 5 days for rulings. This is an absolute deadline. The appeal must be filed in writing with the court that issued the judgment, stating the grounds for appeal. The procuratorate also has the right to lodge a protest (kang su) against a judgment it considers erroneous.
Grounds for Appeal
Appeals may be based on: insufficient evidence or erroneous factual findings; incorrect application of law; violation of procedural rights affecting the fairness of trial; or excessively harsh (or lenient) sentencing. Importantly, Chinese criminal appeals are comprehensive reviews — the appellate court reviews both facts and law, and is not limited to the grounds raised by the appellant.
The Prohibition on Harsher Sentences (Shang Su Bu Jia Xing)
A critical protection: under Article 237, where only the defendant appeals (not the procuratorate), the appellate court may not increase the sentence. This is the principle of shang su bu jia xing — appeal without penalty enhancement. However, this protection does not apply where the procuratorate also protests or a co-defendant appeals, or where the case is remanded for retrial after appeal.
Primary legislation: Criminal Procedure Law, Articles 227–244 [CN official]
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