Only the Provincial People's Court Has the Authority for Appellate Review?
Based on Article 344 of the 2015 Criminal Procedure Code:
Court Competent for Appellate Trial
The provincial People's Court has jurisdiction to conduct appellate trials of judgments and decisions of the district People's Court that are appealed or protested.
The High People's Court has jurisdiction to conduct appellate trials of judgments and decisions of the provincial People's Court within the territorial jurisdiction being appealed or protested.
The Military Court of the military zone has jurisdiction to conduct appellate trials of judgments and decisions of the Regional Military Court that are appealed or protested.
The Central Military Court has jurisdiction to conduct appellate trials of judgments and decisions of the Military Court of the military zone that are appealed or protested.
Thus, according to the above regulation, not only the provincial People's Court has the jurisdiction to conduct appellate trials but also the High People's Court; the Military Court of the military zone; the Central Military Court still have this jurisdiction.
The composition of the trial panel is regulated in Article 254 of the 2015 Criminal Procedure Code, as follows:
- The first-instance trial panel consists of one Judge and two Lay Judges. In cases where the case is of a serious and complex nature, the first-instance trial panel may consist of two Judges and three Lay Judges.
For cases involving defendants with crimes for which the Criminal Code stipulates the highest level of punishment being life imprisonment or death penalty, the first-instance trial panel consists of two Judges and three Lay Judges.
- The appellate trial panel consists of three Judges.=> As such, according to the above regulation, the appellate trial panel consists of 3 Judges and 2 Lay Judges.
Respectfully!
