首页/ 题库 / [多选题]被告人王某,16岁,被判处有期徒刑3年,的答案

被告人王某,16岁,被判处有期徒刑3年,判决生效后王某被送往当地未成年管教所服刑。关于本案,下列哪些人员有权对本案提出申诉?()

多选题
2021-08-31 02:02
A、被害人温某
B、王某的父亲
C、王某的成年胞兄
D、王某的辩护人
查看答案

正确答案
A| B| C

试题解析
本题考查申诉的主体及效力。根据《刑事诉讼法》第241条的规定,当事人及其法定代理人、近亲属,对已经发生法律效力的判决.裁定,可以向人民法院或者人民检察院提出申诉,但是不能停止判决、裁定的执行。王某是未成年人,王某的父亲当然是其法定代理人,而依据《刑事诉讼法》第106条第6项的规定,"近亲属"是指夫、妻、父、母、子、女、同胞兄弟姊妹。所以,王某的成年胞兄也是可以提出申诉的。

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