How to deal with complaints of misjudgment
1, the people's procuratorate or the people's court shall carefully examine the relevant materials transferred by the executing organ, and if it is found that the original judgment is indeed wrong, it shall retry the original case in accordance with the trial supervision procedure;
2. The criminal's complaint should also be examined in time. In any of the following circumstances, it shall be handled in accordance with the procedure of trial supervision: there is new evidence enough to prove that the facts ascertained in the original judgment or ruling are indeed wrong; The evidence for determining the amount of penalty crime is not true or sufficient, or it is in contradiction with the main factual basis of the case; The original judgment or ruling was wrong in applying the law. If, after examination, it is found that there is no mistake in the judgment, the people's procuratorate or the people's court shall inform the prison or other executing organ that transferred the materials; If the criminal's complaint is considered unfounded, the complaint may be rejected. During the appeal, the original judgment will never be suspended.
Legal basis: Article 227 of the Criminal Procedure Law of People's Republic of China (PRC).
Defendants, private prosecutors and their legal representatives who appeal against the judgments and orders of first instance of local people's courts at all levels have the right to appeal to the people's court at the next higher level in writing or orally. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels.
The defendant shall not be deprived of the right to appeal under any pretext.