If a defendant, private prosecutor, or a plaintiff or defendant in an incidental civil action files an appeal directly to the People s Court of second instance, the People s Court shall within three days transfer the petition of appeal to the People s Court which originally tried the case for delivery to the People s Procuratorate at the same level and to the other party.
Article 185 If a local People s Procuratorate protests against a judgment or order of first instance made by the People s Court at the same level, it shall present a written protest through the People s Court which originally tried the case and send a copy of the written protest to the People s Procuratorate at the next higher level. The People s Court which originally tried the case shall transfer the written protest together with the case file and evidence to the People s Court at the next higher level and shall deliver duplicates of the written protest to the parties.
If the People s Procuratorate at the next higher level considers the protest inappropriate, it may withdraw the protest from the People s Court at the same level and notify the People s Procuratorate at the next lower level.
Article 186 A People s Court of second instance shall conduct a complete review of the facts determined and the application of law in the judgment of first instance and shall not be limited by the scope of appeal or protest.
If an appeal is filed by only some of the defendants in a case of joint crime, the case shall still be reviewed and handled as a whole.
Article 187 A People s Court of second instance shall form a collegial panel and open a court session to hear a case of appeal. However, if after consulting the case file, interrogating the defendant and heeding the opinions of the other parties, defenders and agents ad litem, the collegial panel thinks the criminal facts are clear, it may open no court session. A People s Court of second instance shall open a court session to hear a case protested by a People s Procuratorate.
When a People s Court of second instance opens a court session to hear a case of appeal or protest, it may do so in the place where the case occurred or in the place where the People s Court which originally tried the case is located.
Article 188 With respect to both cases protested by a People s Procuratorate and cases of public prosecution tried by a People s Court of second instance in a court session, the People s Procuratorate at the same level shall send its procurators to the court. The People s Court of second instance must, 10 days before opening of the court session, notify the People s Procuratorate to examine the case files.
Article 189 After hearing a case of appeal or protest against a judgment of first instance, the People s Court of second instance shall handle it in one of the following manners in light of the different situations:
(1) if the original judgment was correct in the determination of facts and the application of law and appropriate in the meting out of punishment, the People s Court shall order rejection of the appeal or protest and affirm the original judgment.
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