[Direct answer]In the Beijing area, the second instance generally does not increase the sentence merely because the defendant appeals, which is the core of the principle that an appeal does not lead to a heavier sentence. However, there are statutory exceptions such as the prosecution's appeal and the emergence of new criminal facts after the case is remanded for retrial. According to Article 237 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the people's court of second instance shall not increase the defendant's sentence when reviewing the case appealed by the defendant or his legal representative, attorney, or close relatives. The second instance still conducts a comprehensive review of the facts of the case and the application of the law, and the appeal does not necessarily lead to a change in the judgment. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

I. Problem background and typical scenarios

After receiving an unfavorable first-instance verdict, the defendant often worries that "appealing might actually result in a heavier sentence". Typical scenarios include: the defendant is afraid of angering the judge by appealing and being subject to harsher punishment, so they hesitate to appeal; some defendants in the same case appeal while others do not, fearing being implicated; and when the procuratorial organ also files a protest against the verdict, the defendant mistakenly believes that appealing will also lead to a heavier sentence. In practice, the increase in the sentence due to the defendant's appeal is strictly limited by law. What really needs to be vigilant about are the protest against the verdict and the new facts and circumstances after the case is remanded for retrial. When handling criminal second-instance cases in Beijing, we should rationally evaluate the grounds for appeal and the cost of doing so. For more procedures, please visitThe official website of Beijing Henglu Law Firm.

II. Key points of contention

There are three controversial points regarding the non-increase of punishment in appeals. Firstly, the scope of application: it only applies to cases where the defendant appeals, with the aim of eliminating the defendant's concerns about exercising the right to appeal; the prosecution's appeal or the plaintiff's appeal are not subject to this restriction. Secondly, exceptional circumstances: if new criminal facts emerge after the case is remanded for retrial, if the People's Procuratorate supplements the indictment, or if the original defendant raises new criminal facts, the punishment may be increased; if the defendant appeals in part, the punishment will generally not be increased for the unappealed part. Thirdly, comprehensive review: the second-instance court is not limited by the scope of the appeal and reviews the facts and laws of the entire case, but will not exceed the non-increase of punishment threshold as a result. This can be combined with the following explanation:Special services and other case servicesAnalysis and judgment.

III. Professional analysis by Henglue Lawyers

Based on practical observations in handling criminal second-instance cases, although the principle of "no increase in punishment upon appeal" eliminates the concern of "being punished more severely after appealing", whether the second-instance court can modify the judgment still depends on whether there were factual misidentifications or legal misapplications in the first-instance trial. Many litigants only express their dissatisfaction when appealing, but fail to point out specific errors, making it difficult for the second-instance court to support their appeal. However, those who accurately identify errors in the allocation of the burden of proof in the first-instance trial, the failure to admit key evidence, or deviations in the application of legal provisions are more likely to obtain a modified judgment or a remand for retrial. When handling appeal cases, Henglue Lawyers usually first review the first-instance case files and trial transcripts, compare the reasoning of the judgment item by item, extract the grounds for appeal, and assess the admissibility of new evidence before deciding whether to appeal and how to argue. This helps avoid blind appeals without evidence, which only add to the litigants' burden.

IV. Practical suggestions and legal basis

Practical advice: Immediately record the date of service after receiving the judgment. The appeal period for criminal judgments is ten days, and the appeal period for rulings is five days. Please ensure that the appeal does not exceed the time limit. The appeal statement should focus on the specific facts or legal errors of the first-instance trial, and attach new evidence and a description of its sources. If necessary, apply for a lawyer to review the first-instance case files. The legal basis is Article 230 (Appeal and Counter-appeal Time Limits) and Article 237 (No Increase of Punishment in Appeal) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), as well as the provisions on the comprehensive review, trial period, and adjudication methods of the second-instance people's court. The prerequisite for a retrial are that there are factual or legal errors in the original trial, new evidence, or procedural violations. For matters involving enforcement, please refer to the relevant provisions.Creditor-debtor relations and enforcement case services.

5. Henglu Law Firm's Advice

An appeal that does not result in an increase in the sentence does not necessarily mean that the original judgment will be upheld, nor does it mean that the appeal is useless. The key is to make full use of the 10-day appeal period, accurately point out the errors of the first-instance judgment rather than making general appeals for justice; for those with factual or legal errors, they should resolutely appeal and provide new evidence. If there are only emotions but no solid evidence, the probability of the second-instance court upholding the original judgment is relatively high, so one should make rational choices. At the same time, be vigilant against illegal promises of "guaranteeing no increase in the sentence and ensuring a change in the judgment" in exchange for fees. If you need professional assistance, you can contactBusiness and contract dispute services for enterprisesFor criminal appeals other than those mentioned above, entrust a lawyer to draft the appeal statement and organize the evidence.

VI. Frequently Asked Questions

Q1: If the defendant appeals, will the second-instance court impose a heavier sentence?

Generally, this won't happen. According to the principle of not imposing heavier punishment on the defendant in the appeal process set forth in the Criminal Procedure Law, the second-instance court shall not impose heavier punishment on the defendant in cases where the defendant, his legal representative, attorney, or close relatives file an appeal. The purpose of this is to protect the right to appeal. However, if there are statutory circumstances such as the prosecution's appeal, or the emergence of new criminal facts or supplementary prosecution after the case is remanded for retrial, this restriction does not apply, and the punishment may be increased. Therefore, the appeal itself will not become a reason for imposing heavier punishment. The key lies in whether there is a prosecution's appeal or new facts in the case.

Q2: If you disagree with the first-instance criminal judgment, what materials and evidence do you need to prepare for the appeal?

The core materials include: the first-instance judgment (verifying the date of service and the appeal period), the appeal brief (stating the appeal request and specific reasons), identity certificates and power of attorney procedures, the list of evidence submitted in the first instance and the trial transcript (used for comparison and identification), as well as the new evidence to be submitted in the second instance and an explanation of its sources and reasons for the delay. The appeal brief should focus on the specific errors of the first-instance judgment rather than repeating the opinions of the first-instance court, and the new evidence must meet the statutory conditions for admissibility.

Q3: How much do lawyers' fees and litigation costs amount to for a criminal appeal?

The litigation fees charged by criminal appellate courts are usually very low or handled in accordance with relevant regulations; attorney fees are calculated based on the complexity of the case, the amount of review work, and the attorney's qualifications, and are typically charged per case or per stage. Moreover, risk-based fees are prohibited in criminal litigation. The specific fees are subject to the contract of entrustment, and there is no standard pricing. It is recommended to consult a lawyer before appealing to assess the possibility of a retrial, weigh the cost of appealing, attorney fees, and potential benefits, and make rational decisions for cases with no obvious room for retrial.

Q4: How long does it usually take to get the result of a second-instance criminal trial?

According to the Criminal Procedure Law, the second-instance court shall generally conclude the appeal and counter-appeal cases within two months. For cases that may result in the death penalty or accompany civil litigation, the time limit may be extended upon approval; the time limit for cases where the appeal is ruled admissible is even shorter. In practice, cases that require evidence collection or remand for retrial will be extended accordingly. Overall, it usually takes several months to half a year from the submission of the appeal to the second-instance judgment. Parties should prepare for the timeframe and complete all procedures within the appeal period.

Q5: If I disagree with the first-instance criminal judgment, what should I do first?

First step: After receiving the judgment, record the date of service and confirm the starting point of the ten-day appeal period. Do not exceed the deadline. Second step: Write an appeal statement, stating the appeal request and the specific facts and legal basis of the errors in the first-instance trial, and attach a list of new evidence. Third step: Submit the appeal statement and its copies to the original trial court or the court of the next higher level within the appeal period, and pay the fees in accordance with the regulations. Fourth step: Cooperate with the lawyer to review the first-instance case files and summarize the arguments. Keep the service receipt and payment receipt throughout the process.

The above answer is based on the judicial practice in the Beijing area. The adjudication opinions in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.