Can the Intermediate People's Court appeal again after the judgment?
First, determine whether the Intermediate People's Court has decided a case of first trial or a case of second trial: (1) If it is a case of first trial, it can appeal; 2) If it is a case of second trial, it cannot appeal.
appeal procedure:
in a criminal case, if you refuse to accept the judgment of the court, you can appeal, and the parties can appeal through the court of first instance. Although the parties can lodge a protest to the court at the next higher level of the court of first instance, they will return to the court of first instance at that time, so it is generally recommended to appeal directly to the court of first instance.
1. If the defendant, private prosecutor, plaintiff and defendant in incidental civil action appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal together with the case file and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party.
2. If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall submit the appeal to the people's court that originally tried the case and send it to the people's procuratorate at the same level and the other party within three days.
conditions for filing an appeal:
as long as the subject of the right of appeal refuses to accept the judgment or ruling of first instance and files an appeal according to law within the statutory time limit, the people's court shall accept it and cause the procedure of second instance. The local people's procuratorates at all levels can only lodge a protest when they think that the judgment or ruling of the people's court at the corresponding level is indeed wrong. The specific manifestations are as follows:
1. The facts are unclear, the evidence is insufficient, 2. There is definite and sufficient evidence to prove the guilt and you are acquitted, or you are acquitted. 3. The felony is lightly sentenced, the misdemeanor is severely sentenced, and the penalty is obviously inappropriate. 4. You think that the crime is incorrect, and several crimes are convicted for one crime, which affects the sentencing or causes serious social impact. 5. The people's court is exempting from criminal punishment or applying probation.
Who can appeal:
Defendants, private prosecutors and their legal representatives, defendants' defenders and close relatives, parties involved in incidental civil actions and their legal representatives who refuse to accept the judgment of first instance of the local people's court must appeal to the people's court of first instance or the people's court of second instance within 1 days after receiving the judgment of the people's court. The appellant refuses to accept the ruling of first instance of the local people's courts at all levels, and the time limit for filing an appeal is 5 days. After the court of first instance makes a judgment or ruling, the defendant, the private prosecutor, the parties involved in the incidental civil action and their legal representatives shall file an appeal within the statutory time limit.
people who have the right to appeal include defendants, private prosecutors and their legal representatives. 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 parties to a criminal incidental civil action refer to the plaintiff and the defendant in an incidental civil action. Close relatives refer to husbands, wives, fathers, mothers, sons, daughters and brothers and sisters.
Legal basis:
Article 13 of the Measures for Payment of Litigation Fees shall be paid according to the following standards respectively:
(1) Property cases shall be paid cumulatively in stages according to the amount or price requested by litigation:
1. If the amount does not exceed 1, yuan, each piece shall be paid to 5 yuan;
2. 2.5% shall be paid for the part exceeding 1, yuan to 1, yuan;
3. 2% shall be paid for the part exceeding RMB 1, to RMB 2,;
4. 1.5% shall be paid for the part exceeding RMB 2, to RMB 5,;
5. the part exceeding 5, yuan to 1 million yuan shall be paid according to 1%;
6. .9% shall be paid for the part exceeding RMB 1 million to RMB 2 million;
7. .8% shall be paid for the part exceeding 2 million yuan to 5 million yuan;
8. .7% shall be paid for the part exceeding 5 million yuan to 1 million yuan;
9. .6% shall be paid for the part exceeding 1 million yuan to 2 million yuan;
1. the part exceeding 2 million yuan shall be paid according to .5%.
(2) Non-property cases shall be paid according to the following standards:
1. Each divorce case shall be paid from 5 yuan to 3 yuan. Involving the division of property, the total amount of property does not exceed 2 thousand yuan, without paying separately; The part exceeding 2, yuan shall be paid according to .5%.
2. Every case that infringes on the right of name, right of name, right of portrait, right of reputation, right of honor and other personality rights shall be handed over from 1 yuan to 5 yuan. If damages are involved and the amount of compensation does not exceed 5, yuan, no additional payment will be made; More than 5 thousand yuan to 1 thousand yuan, according to 1% to pay; The part exceeding 1, yuan shall be paid according to .5%.
3. Each other non-property case shall be submitted from 5 yuan to 1 yuan.
(3) If there is no disputed amount or price in intellectual property civil cases, each case shall be paid from 5 yuan to 1 yuan; The disputed amount or price shall be paid according to the standard of property cases.
(4) each labor dispute case shall be submitted to 1 yuan.
(5) Administrative cases shall be paid according to the following standards:
1. Each trademark, patent and maritime administrative case shall be paid to 1 yuan;
2. Every other administrative case shall be submitted to 5 yuan.
(6) If a party raises an objection to the jurisdiction of the case, and the objection is not established, each piece shall be paid from 5 yuan to 1 yuan.
the people's governments of provinces, autonomous regions and municipalities directly under the central government may, in light of local actual conditions, formulate specific payment standards within the ranges specified in items (2), (3) and (6) of this article.