After a criminal judgment in China, a defendant and family may need to decide quickly whether to appeal. The first task is to obtain the written judgment or ruling, confirm when it was received, and speak with a defense lawyer about the issues and deadline. A disagreement with the result is not enough by itself; the appeal should identify specific legal, factual, evidentiary, or procedural grounds.
For a foreign defendant, translation and communication can affect how quickly the family understands the decision, but they should not delay checking the formal filing period. The applicable deadline and procedure depend on the type of decision and current law.
Check the statutory time limit immediately
The Criminal Procedure Law text published by the Supreme People’s Court states a 10-day period to appeal a judgment and a five-day period to appeal an order, counted from the day after the written decision is received. Confirm the current rule, service date, and exact filing process with counsel. Do not assume that a request for translation or an informal conversation pauses the clock.
Obtain and preserve the case record
Keep the written judgment or ruling, proof of the date it was received, notices, and any translation. Ask counsel about access to the case file and what materials can lawfully be copied or reviewed. Prepare a list of disputed findings, evidence, witness issues, expert conclusions, interpretation concerns, and procedural objections. Separate what the record shows from what the family believes happened.
Develop clear grounds for appeal
Discuss whether the appeal challenges a factual finding, the sufficiency or admissibility of evidence, legal classification, procedure, or sentence. Identify the part of the decision at issue and the material supporting the argument. A concise, documented issue list helps counsel assess the record and prepare a focused petition. Avoid publishing sensitive case documents or contacting witnesses about their testimony.
Coordinate language and filing
Confirm who is authorized to file, where the petition must be delivered, what form and copies are required, and how the court will acknowledge receipt. If the defendant is detained, ask counsel how the appeal is submitted from the detention facility. Keep a copy of the filed materials and proof of delivery.
Sources: Criminal Procedure Law, including Articles 183–184; SPC report on a draft Criminal Procedure Law amendment (draft status; verify enactment before relying on it).
