[Direct answer]It is possible to appeal. Pleading guilty and accepting the punishment does not affect the right to appeal. According to Article 227 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), the defendant has the right to appeal against the first-instance judgment or ruling; the appeal period for the judgment is 10 days, and for the ruling, it is 5 days, starting from the day after receiving the document. However, the appeal may prompt the procuratorate to file a counter-appeal or reassess the sentencing proposal, which involves certain risks and uncertainties. Before appealing, it is recommended that the lawyer first evaluate the reasons and the possibility of a change in the verdict. You can first consult with a lawyer to determine the best course of action.Criminal defense and legal services for criminal case filingOrBeijing Henglu Law FirmUnderstand the appeal strategy.

I. Problem background and typical scenarios

Since the leniency system for plea bargaining was established in the 2018 Criminal Procedure Law, its application rate has been very high. A large number of defendants sign plea bargain agreements during the review and prosecution stage, and the court generally accepts the charges and sentencing proposals put forward by the procuratorate. After the judgment is delivered, some defendants hesitate to appeal because the sentencing exceeds their expectations, they disagree with the nature of the charges, or they believe that "appealing will lead to a harsher sentence". Typical scenarios include: after signing the plea bargain agreement, they believe that the sentencing proposal is too severe and the first-instance court did not reflect the appropriate leniency; the appeal of co-defendants triggers a chain of considerations; family members consult whether they can revoke their plea bargain and whether the leniency benefits will be withdrawn after the appeal. The core concerns focus on three points: whether signing the plea bargain agreement still counts, whether appealing will lead to a harsher sentence, and whether the procuratorate will file an appeal.

II. Key points of contention

  • The relationship between the right of appeal and the written guarantee: The written guarantee is not an agreement to waive the right of appeal. Pleading guilty and accepting the punishment does not mean losing the right of appeal. However, an appeal without a valid reason may undermine the lenient basis of pleading guilty and accepting the punishment, and the procuratorate may therefore adjust the sentencing proposal or file an appeal against the judgment.
  • The boundary of not increasing the sentence on appeal: According to Article 237 of the Criminal Procedure Law, if only the defendant appeals, the second-instance court shall not increase his/her sentence; this does not apply to cases where the procuratorate files a protest or the private prosecutor appeals. When the protest and the appeal intertwine, the result of the second-instance court will be more complicated.
  • Output: Regarding whether the lenient treatment will be lost: If an appeal without a valid reason is deemed as a revocation of the guilty plea and penalty acceptance, the procuratorate may adjust or withdraw the sentencing proposal. The lenient treatment granted based on the guilty plea and penalty acceptance in the first-instance trial may be reassessed in subsequent proceedings, which requires professional judgment.

III. Professional analysis by Henglue Lawyers

The practical observations made by Henglue Lawyers in handling second-instance and appeal evaluation cases related to guilty plea and sentencing agreements are as follows: When making an appeal decision, three aspects need to be considered first. The first is procedural considerations: Whether the appeal falls within the 10-day time limit, and whether the grounds target the sentencing circumstances determination, evidence admissibility, or legal application in the first-instance trial. Appeals based solely on emotional dissatisfaction without specific grounds are difficult to support a change in the judgment. The second is leniency considerations: The leniency obtained by signing a leniency agreement needs to be weighed against the risk of the appeal being opposed or reassessed after the appeal. If the sentencing in the first instance is already close to the leniency recommended in the leniency agreement, the risk often outweighs the benefits. If new leniency circumstances emerge during the second-instance trial, such as repaying the victim's losses, obtaining the victim's forgiveness, etc., then there is a legitimate basis for the appeal. The third is strategic considerations: In cases involving multiple defendants, the appeals of others may change the overall trial pattern, so it is necessary to evaluate the compatibility of one's own appeal with the overall strategy to avoid being passively affected. In practice, second-instance courts will still conduct substantive reviews of guilty plea and sentencing agreement cases with sufficient appeal grounds, new evidence, or obvious sentencing imbalance, but they tend to be cautious overall. It is recommended to consult a lawyer as soon as possible during the appeal period and form a written assessment of the grounds, risks, and alternative solutions before making a decision on whether to appeal. 恒略律师在办理认罪认罚二审及上诉评估案件中形成的实务观察是：上诉决策要先算三笔账。第一笔是程序账：上诉是否落在10日期限内，理由是否指向一审的量刑情节认定、证据采信或法律适用层面，仅因情绪不满而缺乏具体理由的上诉难以支撑改判。第二笔是从宽账：签署具结书获得的从宽幅度与上诉后被抗诉、被重新评价的风险之间需要权衡；若一审量刑已接近具结书建议，风险往往大于收益，若二审期间出现新的从宽情节，如退赔退赃、取得被害人谅解，则具备正当的上诉基础。第三笔是策略账：同案多名被告人的案件中，他人上诉可能改变全案审理格局，需评估自身上诉与整体策略的配合，避免被动的连带影响。实务中，二审法院对认罪认罚案件中上诉理由充分、存在新证据或量刑明显失衡的，仍会进行实质审查，但总体趋于审慎。是否上诉，建议在上诉期内尽早咨询律师，形成书面评估后再作决定。

IV. Practical suggestions and legal basis

At the legal basis level: Article 15 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018) stipulates that admitting guilt and accepting the punishment can lead to a mitigated sentence; Article 174 prescribes the signing procedure for the written agreement of admitting guilt and accepting the punishment; Article 201 stipulates that the court shall generally adopt the charges and sentencing proposals put forward by the procuratorate in cases where the defendant admits guilt and accepts the punishment; Article 227 grants the defendant and his legal representative the right to appeal, and Article 230 stipulates that the appeal period for a verdict is 10 days, and for a ruling it is 5 days, starting from the day after receiving the document; Article 237 establishes the principle of no increase in punishment on appeal, and in the second-instance trial where only the defendant appeals, the punishment shall not be increased, except for the cases where the procuratorate lodges an appeal. At the practical advice level: immediately check the appeal period after the judgment is delivered, and the 10-day appeal period starts from the next day. It is necessary to submit the appeal statement within the appeal period; before appealing, please ask a lawyer to evaluate the possibility of a retrial and the risk of an appeal, and form a written opinion; in the second-instance trial, new circumstances such as compensation and understanding can be added to strengthen the arguments; if it is decided not to appeal, one can also strive for a reduction in punishment or parole in accordance with the law during the execution of the sentence. For related procedures, please consultCriminal defense and legal services for criminal case filingTeam.

5. Henglu Law Firm's Advice

The appeal of a case involving a guilty plea and acceptance of the punishment is not a simple signature, but a risk assessment: the right to appeal is always in your hands, but the benefits of leniency and the risks of appealing require professional evaluation. Before signing the plea agreement, you should fully understand the logic behind the sentencing recommendation. If you believe the sentencing is unbalanced after the verdict, you should obtain a written evaluation opinion within the appeal period and then decide whether to appeal. Whether you appeal or not, do not wait until the deadline to make a decision. Be vigilant against solicitation advertisements that use "guaranteed acquittal" as a gimmick. No lawyer can guarantee the outcome of the second-instance trial. It is recommended to consult a professional lawyer for advice.Beijing Henglu Law FirmMake an appointment for a criminal appeal case evaluation to ensure that the limited appeal period is used on valuable arguments.

Q1: If I appeal after pleading guilty and accepting the punishment, will I be given a harsher sentence?

When only the defendant appeals, according to Article 237 of the Criminal Procedure Law, the second-instance court shall not increase the defendant's sentence, which is the principle of no increased punishment for appeal; but this does not apply to cases where the procuratorate files a protest or the self-prosecutor appeals. The practical risk is that an appeal without a valid reason may be regarded as a reneging on the plea of guilty and acceptance of the sentence, and the procuratorate has the right to adjust or withdraw the sentencing proposal and file a protest. After the case is remanded for rehearing, the original mitigating benefits may be lost. Therefore, the appeal will not directly result in an increase in the sentence, but it may indirectly change the basis for sentencing. Whether to appeal should be judged comprehensively based on the adequacy of the reasons and the risk of protest. It is best to obtain a written evaluation opinion from a lawyer before taking action.

Q2: What reasons and materials do I need to prepare for the appeal?

Effective grounds for appeal typically point to substantive or procedural flaws in the first-instance trial: errors in the determination of sentencing circumstances, such as failure to recognize surrenders, confessions, accomplices, restitution, etc., or insufficient leniency; disputes over the nature of the crime; errors in the application of the law, such as failure to properly adopt sentencing recommendations in accordance with Article 201 of the Criminal Procedure Law; and procedural violations, such as depriving the defendant of the right to defense or failing to cross-examine key evidence. In terms of materials, the appellant must submit an appeal brief, stating the appeal request and specific grounds, along with the first-instance judgment; if there is new evidence, the appellant should organize receipts for restitution, letters of understanding, medical records, etc. during the second-instance trial and explain the evidentiary purpose. The appeal brief should be submitted through the original trial court or directly to the second-instance court within 10 days from the day following receipt of the judgment. Failure to do so within the time limit will result in the loss of the right to appeal.

Q3: How much does a criminal appeal cost?

In criminal cases, there are no litigation fees charged, and the second instance is also free of charge, which is a characteristic distinguishing criminal procedures from civil and administrative litigation. The main cost is attorney fees: fees are usually charged at a fixed rate for only the second-instance stage. If there is a need to review the case files again, hold a court hearing, or investigate new evidence, the fees will increase accordingly. The specific amount varies greatly depending on the complexity of the case and the lawyer's qualifications, and should be subject to the written engagement contract. In addition to attorney fees, performance-related expenses such as supplementary restitution and payment of fines during the second instance need to be budgeted separately. When choosing a lawyer, it is important to evaluate their experience in winning overturned verdicts in second-instance cases and their strategies for responding to appeals. At the same time, it is necessary to remain vigilant against lawyers who advertise charging fees based on the promise of winning overturned verdicts.

Q4: How long is the appeal period? What should I do if I miss it?

According to Article 230 of the Criminal Procedure Law, the time limit for appealing against a judgment is 10 days, and the time limit for appealing against a ruling is 5 days, both of which start from the second day after receiving the judgment or ruling. If no appeal statement is submitted before the expiration of the time limit, the first-instance judgment shall take legal effect. In principle, it is not possible to appeal after missing the appeal period, but there are still legal remedies: if the judgment is found to be erroneous, a complaint may be filed with the people's court or the people's procuratorate. If the conditions for retrial are met, the case shall be handled in accordance with the judicial supervision procedure. The procuratorate may also file a protest in accordance with the law. It should be noted that the complaint does not stop the execution of the judgment, and the threshold for initiating the complaint is higher than that for appealing. Therefore, after the judgment is served, the time limit should be checked immediately, and if an appeal is necessary, a written application must be submitted within the time limit.

Q5: What should I do if the procuratorate files an appeal against the verdict after the appeal?

The procuratorate's appeal means that the case will enter a more adversarial second-instance procedure. Lawyers should immediately be appointed to formulate a defense plan for the second-instance trial: verify whether the appeal is aimed at sentencing or qualification; assess the direction and extent of the second-instance judgment; supplement new mitigating circumstances, such as repaying compensation and illicit gains during the second-instance trial, obtaining the victim's forgiveness, and pre-paying fines, which are real bargaining chips for seeking leniency; and at the same time, prepare a response plan for the exceptional circumstances of not increasing the sentence in the second-instance trial. It should be noted that in appeal cases, the second-instance court may increase the sentence, and the risk of this happening is objective. Lawyers will help assess the pros and cons of maintaining the original judgment and continuing the litigation. It is recommended to consult in writing as soon as possible after learning about the appeal to avoid being passive due to insufficient pre-trial preparation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu Law Firm