Can a criminal appeal petition be accompanied by a request for acquittal or a lighter sentence?

An application for acquittal or a lighter sentence may be applied for at the same time.

Article 56 of the Criminal Law provides:"When deciding on the punishment of criminals, they shall be sentenced in accordance with the relevant provisions of this Law on the basis of the facts of the crime, the nature and circumstances of the crime, and the degree of harm to society. "

Article 58 provides:"Where criminals have the circumstances provided for in this Law for heavier or lighter punishments, they shall be given a criminal punishment within the legally-prescribed limits. "

Article 59 provides:"Where criminals have mitigating circumstances provided for in this Law, they shall be given a punishment below the legally-prescribed penalty. "These three provisions of the Criminal Law and the provisions of other corresponding articles are the legal basis for us to grasp the heavier punishment or the lighter, commuted, or exempted punishment of criminals.

1) Where juveniles who have already reached the age of 14 but are not yet 18 years old commit crimes, the punishment shall be mitigated or commuted (Criminal Law article 14, paragraph 3);

2) Where legitimate defense exceeds the necessary limits and causes undue harm, punishment shall be commuted or waived as appropriate (Criminal Law article 16, paragraph 2);

3) Where emergency evacuation exceeds the necessary limit and causes undue harm, punishment shall be reduced or waived as appropriate (Criminal Law Article 18, Paragraph 2);

4) Where the offense is suspended, the punishment shall be removed or commuted (Criminal Law article 21, paragraph 2);

5) Accomplices in joint crimes shall be given a mitigated, commuted, or degraded punishment in accordance with the principal offender (Criminal Law article 24, paragraph 2);

6) Where an accomplice who is coerced or tricked into participating in a joint crime is coerced or induced to participate in the crime, the punishment shall be commuted or waived in accordance with the circumstances of the crime (article 25 of the Criminal Law).

Ignore the law, think for yourself, mitigating the punishment is guilty, can you ask the court to find you guilty or not guilty? Or don't you... Anyway, if you appeal and don't increase the sentence, you will appeal.

It is advisable to go to the legal advice post bar and post and ask a lawyer. It should be better understood.

Legal Analysis: 1. If the procuratorate believes that the court's first-instance criminal judgment is wrong, it should appeal to the court instead of appealing. 2. After the procuratorate can afford to raise a prosecutorial counter-appeal, the second-instance people's court will conduct a comprehensive review of the facts ascertained in the first-instance judgment and the applicable law, and is not limited by the scope of the appeal or prosecutorial counter-appeal.

As to whether the court of second instance will uphold the original judgment, it needs to be analyzed based on specific evidence and the judgment of the court of first instance.

Legal basis: Criminal Procedure Law of the People's Republic of China

Article 217: When a local People's Procuratorate at any level finds that the judgment or ruling of the people's court at that level is truly in error, it shall raise a prosecutorial counter-appeal to the people's court at the level above.

Article 219:The time limit for appeals and prosecutorial counter-appeals against judgments is 10 days, and the time limit for appeals and prosecutorial counter-appeals against rulings is 5 days, calculated from the second day of receipt of the judgment or ruling.

A suspended sentence in the first instance may be appealed to the second instance for a not-guilty defense.

Within 15 days of the first-instance judgment being served, the criminal suspect or defendant has the right to file an appeal and may claim innocence. In order to obtain support in the second instance, evidence of innocence and relevant legal basis should be presented.

Criminal Procedure Law: Article 225: After trial, second-instance people's courts shall handle appeals or prosecutorial counter-appeals against first-instance judgments in accordance with the following distinct circumstances:

1) Where the facts ascertained in the original judgment and the application of law are correct, and the sentencing is appropriate, a ruling shall be made to reject the appeal or prosecutorial counter-appeal and uphold the original judgment;

2) Where there is no error in the facts ascertained in the original judgment, but there is an error in the application of law, or the sentencing is improper, the judgment shall be changed;

3) Where the facts in the original judgment are unclear or the evidence is insufficient, the judgment may be changed after the facts are clarified; A ruling may also be made to revoke the original judgment and remand to the original people's court for new trial.

The court will accept the appeal. The Public Prosecution Service will also be notified. The Public Prosecutor's Office was present.

If there is no protest from the procuratorate, the defendant shall be subject to the restriction that the sentence will not be increased on appeal.

Therefore, you can appeal, maybe you can be sentenced to a lighter sentence, so it depends on your social ability, because Chinese society is like this, a humane society, if there is no social relationship, even if you appeal, it will not be much loss to you. The premise I am saying is that the procuratorate has not protested.