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How long does it usually take for a complaint to reach the Supreme Court?
A complaint refers to a request made by a party or other concerned citizen to a court or a procuratorial organ for reconsideration if he refuses to accept a legally effective judgment or ruling. According to the law, a case retried by the people's court in accordance with the procedure of trial supervision shall be concluded within three months from the date of making the decision to remand it for retrial, and if the time limit needs to be extended, it shall not exceed six months.
When appealing, the following materials shall be submitted:
1. The application shall state the basic information of the parties, the appeal request, the facts and reasons of the appeal;
2. If the original effective criminal judgment or ruling is retried after review by the people's court, it shall be accompanied by a notice of rejection and a retrial judgment or ruling;
3. If there is new evidence to prove that the facts determined by the original referee are indeed wrong, it shall be accompanied by a list of evidence, a list of witnesses and a copy or photo of the main evidence.
Procedure for appeal to the Supreme Court:
1. filing of criminal complaint: filing of criminal complaint refers to the legal litigation form in which the judicial organ accepts the complainant's complaint.
2. Review of criminal complaint: After accepting the complaint, the people's court or people's procuratorate shall conduct a comprehensive review, which is not limited by the reasons put forward by the complainant.
3. Handling of the review results: After reviewing the criminal complaint, the original people's court of final appeal found that the original judgment and ruling were correct, and persuaded and educated the complainant to obey the judgment; Insist on unreasonable complaints, can be refused by written notice. And told the complainant that he could not appeal again. After examination, it is found that the original judgment is indeed wrong and needs to be retried, and a collegial panel shall be formed separately for retrial in accordance with the procedure of trial supervision.
To sum up, the limitation of criminal appeal is: at the latest, the defendant should file a complaint with the people's court within two years after the execution of the penalty. However, under any of the following circumstances, the people's court shall accept the complainant's complaint about a criminal case that has been more than two years.
Legal basis:
Article 258 of the Criminal Procedure Law of People's Republic of China (PRC)
Time limit for retrial: A case retried by the people's court in accordance with the procedure of trial supervision shall be concluded within three months from the date of making the decision on remand and retrial, and if the time limit needs to be extended, it shall not exceed six months.
The people's court that accepts the protest shall hear the protest case in accordance with the procedure of trial supervision, and the time limit for hearing shall apply to the provisions of the preceding paragraph; If it is necessary to instruct the lower people's court to retry, it shall make a decision within one month from the date of accepting the protest, and the time limit for the lower people's court to hear the case shall be governed by the provisions of the preceding paragraph.
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