Legal analysis:

The procuratorate shall make a decision on whether to protest and respond to the requester within five days after receiving the complaint. Complaint refers to the behavior of citizens, legal persons or other organizations who believe that the result of handling a certain issue is incorrect, and state the reasons to the relevant state agencies and request re-handling. This is also a way for citizens to safeguard their rights and interests and has legal effect. After the parties decide to lodge a complaint, they should submit the complaint materials to the Procuratorate. After receiving the complaint, the Procuratorate will make a decision on whether to accept the complaint and send a notice of acceptance. If a decision is made to accept the case, the procuratorate shall make the following decisions based on the circumstances within 7 days from the date of acceptance: (1) If you are not satisfied with the effective civil judgment or ruling of the people's court at the same level or the next level, transfer it to this court The civil administrative procuratorial department shall review and handle it;

(2) If the lower People’s Procuratorate has the right to protest, it will be transferred to the lower People’s Procuratorate for review and handling; 3. If it falls within the jurisdiction of the People’s Court or other agencies according to law, it will be transferred to the People’s Court or other Agency processing.

Legal basis:

Article 229 of the "Criminal Procedure Law of the People's Republic of China" The victim and his legal representative refuse to accept the first decision of the local people's court at all levels If a judgment is passed at trial, the person shall have the right to request the People's Procuratorate to file a protest within five days after receiving the judgment. The People's Procuratorate shall make a decision on whether to protest and respond to the requester within five days after receiving the request from the victim and his legal representative.

Derived questions:

What materials are generally required for appeals and protests?

To apply for a protest, the following materials should be submitted

1. Letter of appeal: The letter of appeal must state the complainant's mailing address, postal code, and contact number. The reason for the appeal should be against the effective judgment or ruling of the court, and concisely state the problems existing in the judgment or ruling in the determination of facts, application of law, and the trial procedures of the people's court. If the complainant is a natural person, the complainant should personally write in the petition. sign. If the complainant is a legal person or organization, the legal representative or person in charge shall personally sign the complaint and stamp it with the seal of the legal person or organization;

2. The People’s Court’s first and second instance judgments (copies );

3. Relevant evidence materials;

4. If an agent is appointed, a power of attorney must be submitted.