During the appeal period, you can appeal to the people's court at the next higher level, or you can appeal to the civil administrative procuratorate of the people's procuratorate after the judgment or ruling takes effect. Among them, if the legally effective judgment or ruling of the people's court at a lower level meets the conditions for protest after examination, it shall be approved by the procurator-general or decided by the procuratorial Committee to make a decision to lodge a protest with the people's court; Local people's procuratorates at all levels shall, after examination, submit legally effective judgments and orders that meet the requirements for protest to the people's procuratorate at the next higher level.

The people's procuratorate may lodge a protest in the following cases:

1. For cases with unclear facts and insufficient evidence. For example, the people's procuratorate believes that the facts ascertained in the judgment or ruling of the people's court of first instance are unclear or wrong, the evidence used to ascertain the facts is inaccurate or insufficient, or the evidence is inconsistent and contradictory, and the judgment is inconsistent with the evidence.

2. Improper application of law in the original judgment or ruling. The people's procuratorate believes that the judgments and orders of the people's court of first instance are wrong in the application of laws, conviction and sentencing, or inaccurate in nature, which confuses the boundaries between guilt and innocence, this crime and that crime, or the sentencing is extremely light and heavy, and the felony is light and the misdemeanor is heavy.

3. Serious violation of litigation procedures. The people's procuratorate believes that the trial activities of the people's court of first instance violate the provisions of the Criminal Procedure Law and infringe on the litigation rights enjoyed by the parties according to law. For example, the presiding judge, judges, people's jurors and clerks who should be avoided by the people's court according to the law have not avoided. Failing to appoint a defense lawyer for a blind, deaf, dumb or underage defendant or a defendant who may be sentenced to death according to law.

Second, the procuratorate protest procedure

The people's procuratorate must lodge a protest against the legally effective civil judgment or ruling of the people's court in accordance with the procedures prescribed by law. Generally speaking, the protest of the people's procuratorate goes through the following stages:

(a) filing a case for review

As a kind of post supervision, the people's procuratorate mainly finds the mistakes of the people's court in the following ways:

1, the complaint of the parties or other interested parties;

2, the state power organs or other organs;

3. Assigned by the people's procuratorate at a higher level;

4. The People's Procuratorate found that.

The above four channels are also the main sources of civil protest cases of people's procuratorates.

The people's procuratorate accepts civil cases from the above sources, and the people's procuratorate with the right to protest or the right to protest files a case to examine whether to lodge a protest. According to the Rules of the People's Procuratorate for Handling Civil Administrative Protest Cases, the People's Procuratorate shall adjust (borrow) the trial file of the people's court after filing the case, and review the case within 3 months after adjusting (borrowing) the trial file. The main content of the review is whether the original judgment or ruling meets the statutory protest conditions. The way of review is mainly to refer to the files of the original trial, and not to investigate unless it is really necessary.

Legal basis: Criminal Procedure Law

Article 117 If a party, his defender, agent ad litem or interested party commits any of the following acts against the judicial organ and its staff, he has the right to lodge a complaint or accusation with the judicial organ:

(a) the compulsory measures are not lifted, lifted or changed at the expiration of the statutory time limit;

(2) The bail bond that should be returned has not been returned;

(3) Take measures of sealing up, distraining and freezing the property irrelevant to the case;

(four) the seizure, seizure and freezing should be lifted;

(5) Seizing, misappropriating, dividing up, exchanging or using the sealed-up, seized or frozen property in violation of regulations.

The organ that accepts the complaint or accusation shall deal with it in time. If you are dissatisfied with the handling, you may appeal to the people's procuratorate at the same level; Cases directly accepted by the people's procuratorate may appeal to the people's procuratorate at the next higher level. The people's procuratorate shall promptly examine the complaint, and if the situation is true, notify the relevant authorities to correct it.