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Shenzhen, as one of China's major cities, follows the legal system established by the People’s Republic of China with regard to appeals. Appeals in Shenzhen are governed by the procedural rules laid out at the national level, primarily under the civil procedure law and the criminal procedure law. These laws provide a structured process for challenging decisions made at the first instance in both civil and criminal cases. An appeal in Shenzhen can be made to the Intermediate People's Court if the initial case was heard in a Basic People's Court, or to the High People’s Court of Guangdong Province if the case was first adjudged by an Intermediate Court. The Supreme People's Court may hear appeals for significant cases.
Individuals may require legal help in appeal for various reasons. Common situations include dissatisfaction with a court's judgment regarding penalties, compensation, or a court's interpretation of the law. In criminal cases, both the defendant and the prosecutor have the right to appeal. In civil cases, parties may appeal verdicts that they find unfavorable. Lawyers are critical in the appeals process as they provide expert advice on the viability of the appeal, representation in higher courts, and ensure the legal requirements are met to seek a different outcome.
Key aspects of local laws relevant to appeal include that appeals must be lodged within a specified timeframe, typically 15 days for individuals and 30 days for entities from the date of judgment for civil cases, and within ten days of the judgment for criminal cases. Also, there must be substantive grounds for an appeal, such as legal errors or new evidence. Appeals are not rehearings of the entire case—they are carried out based on the record of the lower court, and new evidence is admitted only in exceptional cases. Shenzhen follows national laws but may also issue judicial interpretations that clarify these procedural rules within its jurisdiction.
You must submit a written appeal to the court that made the initial judgment or directly to the court at the next higher level within the statutory time limit. It's advisable to have a lawyer assist with this process.
Common grounds for appeal include procedural errors, incorrect application of law, or discovering new evidence that significantly affects the case outcome.
New evidence is generally only admitted if it could not have been obtained before the trial or if it has a significant impact on the case outcome.
Both defendants and plaintiffs have the right to appeal within the legal framework unless they have signed an agreement waiving this right.
For civil cases, the appeal period is 15 days for individuals and 30 days for entities from the date of receiving the judgment. For criminal cases, the appeal must be made within ten days of the judgment.
Decisions from an appeal can sometimes be further appealed to a higher court or reviewed through procedures such as retrial requests or judicial supervision, depending on the circumstances.
Court fees vary based on the type and specifics of the case. It is best to consult with a lawyer or the court's registry to get an estimate of the appeal costs.
Foreigners have the same rights to appeal in Shenzhen courts as Chinese citizens, although they may face additional challenges such as language barriers and need for legal translation.
If you cannot afford a lawyer, you may apply for legal aid. China has a legal aid system aimed at providing assistance to those who cannot afford legal representation.
Attendance at appeal hearings may not be mandatory, and in some cases, appeals are decided on written submissions alone. However, it’s important to have legal representation to manage your case effectively.
For those seeking further guidance and assistance, the Shenzhen Lawyers Association is a local body that can provide referrals to qualified lawyers in the appeal field. The Legal Aid Center of Shenzhen also offers services to those who qualify financially. The website of the People’s Courts of Shenzhen offers information about court procedures, including appeals, and is a helpful resource for understanding local judicial processes.
If you require legal assistance with an appeal, the first step would be to consult with a lawyer experienced in appellate work. They can assess the merits of your case, advise on the likelihood of success, and guide through the filing process. They will also represent you in court if the appeal progresses to a hearing. Ensure that you contact a lawyer as soon as possible to avoid missing any critical deadlines for filing your appeal.
