Whether the second instance trial of the case violated the principle of non increase in sentence on

Based on the actual circumstances, if the second-instance trial revision is a circumstance that does not fall within the scope of not increasing the sentence on appeal, the change of judgment does not violate the principle of not increasing the sentence on appeal.

Not increasing the sentence on appeal means that the second-instance people's court hears an appeal case filed by only the defendant, and must not increase the defendant's punishment for any reason. It is a special principle in the second-instance procedure and is designed to effectively guarantee the defendant's right to appeal.

Scope of application of non-increase of sentence on appeal:

1) In cases where the defendant or his legally-designated person, defender, or close relatives appeal, the defendant's punishment must not be increased.

2) Where the people's procuratorate raises a prosecutorial counter-appeal or the private prosecutor submits an appeal, it is not subject to the restriction that the sentence will not be increased on appeal. Where there is an appeal by the defendant, and the people's procuratorate raises a prosecutorial counter-appeal, or the private prosecutor submits an appeal, it is also not subject to the principle of not increasing the sentence on appeal.

3) In cases of joint crimes, where only some of the defendants appeal, neither the punishment of the defendant who raised the appeal nor the punishment of the other defendants in the same case can be increased;

4) In cases of joint crimes, where the people's procuratorate only raises a prosecutorial counter-appeal against the judgment of some of the defendants, the punishment must not be increased for the other first-instance defendants.

5) Where the facts found in the original judgment are clear and the evidence is sufficient, but only the charges found are improper, the charges may be changed without increasing the punishment in the original judgment;

6) Where the defendant is punished concurrently for multiple crimes, the punishment for which the decision to enforce is not to be increased, and the punishment for one of the multiple crimes must not be increased while the punishment for the original judgment is maintained;

7) Where a defendant is sentenced to short-term detention or fixed-term imprisonment and a suspended sentence is announced, the suspended sentence announced in the original judgment must not be revoked or the probationary period for the suspended sentence must not be extended;

8) In cases where the facts are clear and the evidence is sufficient, but the punishment given is unusually light, or an additional punishment should be applied but is not applied, the first-instance judgment must not be revoked, the defendant's punishment must not be directly increased, or an additional punishment must be applied, and the case must not be remanded to the original people's court for a new one, where the facts are unclear or the evidence is insufficient.

Article 189 of the Criminal Procedure Law stipulates: "The second-instance people's court shall appeal or protest against the first-instance judgment.

After trial, it shall be divided in accordance with the following circumstances.

Disposition: (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) The facts found in the original judgment were not erroneous, but appropriate.

Where there is an error in the application of the law, or the sentence is improper, the judgment shall be changed; (3) Where the facts in the original judgment are unclear or the evidence is insufficient, the facts may be clarified.

The sentence was later commuted; A ruling may also be made to revoke the original judgment and remand the original judgment.

The trial court retried the case. Article 190 stipulates: "The people's court of second instance shall try the defendant or his legal person, defender, or close relative.

In cases of appeal, the defendant's sentence must not be increased.

Penalize. Where the people's procuratorate raises a prosecutorial counter-appeal or the private prosecutor submits an appeal, the restrictions of the preceding paragraph are not to be applied. Article 191 stipulates: "The People's Law of the Second Instance."

The court found that the trial of the first-instance people's court was as follows.

Where any of the circumstances of litigation procedures provided for by law are violated, a ruling shall be made to revoke the original judgment and remand to the original people's court for new trial: (1) Violation of this article.

the provisions of the law on open trials; (2) Violation.

recusal system; (3) Depriving or restricting a party's legally-prescribed procedural rights, which might impact the fairness of the trial; (4) The group of the trial organization.

unlawful; (5) Other violations of legal provisions.

proceedings that may affect the fairness of the trial. In summary, the above cited provisions show that item ac is legitimate. Article 257, paragraph 2 of the Interpretation of the Criminal Procedure Law provides:

The people's procuratorate raises a prosecutorial counter-appeal or the private prosecutor submits it.

Cases of appeal are not subject to the restrictions of the preceding paragraph. However, in cases where the people's procuratorate raised a prosecutorial counter-appeal, after trial by the second-instance people's court, the judgment of the defendant was changed.

Where the death penalty is immediately executed, it shall be reported to the Supreme People's Law.

Approved by the hospital. "Item B has not been reported to the Supreme People's Court for approval, so it is illegal. Article 187 of the Criminal Procedure Law stipulates: "The people's court of second instance shall be adversarial.

In litigation cases, a collegial panel shall be formed and heard.

Where the collegial panel has read the case file, interrogated the defendant, heard the opinions of other parties, defenders, and litigants, and is clear about the facts, it may not.

**Trial. Cases of procuratorial counter-appeals against the people's procuratorate

No, the principle of not increasing the sentence on appeal only applies to the appeal of the defendant, and if the procuratorate protests, there is no restriction on the non-increase of sentence on appeal.

No, because the prosecutor's appeal can increase the sentence.

According to Article 153 of the Civil Procedure Law, there are four types of second-instance outcomes for B:

1. The judgment rejects the appeal and upholds the original judgment;

2. The second-instance judgment was changed in accordance with law. (The verdict is not certain.) It may or may not increase. ）

3. Remand for retrial or direct revision of judgment. (The verdict is not certain.) It may or may not increase. ）

4. Remand for retrial.

Attachment: Article 153 of the "Civil Procedure Law": The second-instance people's court shall handle appeal cases in accordance with the following circumstances after trial:

1) Where the facts ascertained in the original judgment are clear and the law is correctly applied, the judgment rejects the appeal and upholds the original judgment;

2) Where the original judgment erroneously applied the law, the judgment is changed in accordance with law;

3) Where the facts found in the original judgment were erroneous, or the facts found in the original judgment were unclear or the evidence insufficient, a ruling is made to revoke the original judgment and remand to the original people's court for new trial, or to change the judgment after clarifying the facts;

4) Where the original judgment violated legally-prescribed procedures and might impact the correct judgment of the case, a ruling is made to revoke the original judgment and remand to the original people's court for new trial.

Parties may appeal judgments or rulings in retrial cases.

The spirit of the principle of not increasing the sentence on appeal does not apply to civil cases. Applicable in administrative cases. In the second-instance trial of an administrative case, the administrative organ must not increase the punishment of the counterpart.

In civil cases involving disputes between equal subjects, the second-instance appeal reviews the application of law and the facts, and if the facts of the harm are determined to be too small in the first-instance trial, the judgment may be directly changed.

The so-called principle of "no increase in sentence on appeal" is stipulated in the Criminal Procedure Law, and there is no such expression in civil proceedings. In civil appeal cases, the court of second instance may uphold, change the judgment, or remand for a new trial.

"Based on the facts, with the law as the criterion".

Article 189 of the Criminal Procedure Law stipulates that the second-instance people's court shall, after trial, handle an appeal or prosecutorial counter-appeal against a first-instance judgment in accordance with the following circumstances: (1) Where the facts ascertained in the original judgment and the application of law are correct, and the sentence is appropriate, it shall rule 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 sentence is improper, the judgment shall be changed; (3) Where the facts of 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. According to the above provisions, item A belongs to the situation (2) and does not violate the principle of non-increase of sentence on appeal.

Article 257 of the Judicial Interpretation of the Criminal Procedure Law stipulates that the second-instance people's court hearing a case in which the defendant or his legally-designated person, defender, or close relatives submit an appeal, must not increase the defendant's punishment, and shall implement the following specific provisions: (1) In a case of joint crime, where only some of the defendants have appealed, the punishment of the defendant who has appealed cannot be increased, nor can the punishment of the other defendants in the same case be increased; (2) Where the facts found in the original judgment are clear and the evidence is sufficient, but only the charges found are improper, the charges may be changed without increasing the punishment in the original judgment; (3) Where the defendant is punished for multiple crimes, the punishment for which the decision to enforce is not to be increased, nor is the punishment for one of the multiple crimes to be increased while the punishment for the original judgment is maintained; (4) Where a defendant is sentenced to short-term detention or fixed-term imprisonment and a suspended sentence is announced, the suspended sentence announced in the original judgment must not be revoked or the probationary period for the suspended sentence must not be extended; (5) In cases where the facts are clear and the evidence is sufficient, but the punishment given is unusually light, or where an additional punishment should be applied but is not applied, the first-instance judgment must not be revoked, the defendant's punishment must not be directly increased, or an additional punishment applied, and the facts must not be unclear or the evidence is insufficient, and the case must not be remanded to the first-instance trial court for new trial. Where it is necessary to change the judgment in accordance with law, a new trial shall be conducted in accordance with the trial supervision procedures after the second-instance judgment or ruling takes effect.

Cases in which the people's procuratorate raises a prosecutorial counter-appeal or a private prosecutor raises an appeal are not subject to the restrictions of the preceding paragraph. However, in cases where the people's procuratorate raises a prosecutorial counter-appeal, and after trial by the second-instance trial court, the defendant's death sentence is changed to be immediately enforced, it shall be reported to the Supreme People's Court for review and approval. According to the above provisions, item BC does not violate the principle of non-increase of sentence on appeal, and item D violates the provisions of item (3) above, which is in line with the topic.

c The court of first instance sentenced Jin to two years imprisonment and Wang to one year imprisonment for theft, Jin and Wang appealed on the grounds that they did not commit the crime, the procuratorate held that the sentence of Jin was unusually light and raised a counter-appeal, and the court of second instance held that the sentences imposed on Jin and Wang in the first instance were on the light side, but only changed the sentence to five years for Jin.

1. If the facts are clear, the applicable law is unusually light or erroneous. Only when the defendant appeals, it is still not appropriate to directly change the sentence, otherwise the principle of not increasing the sentence on appeal is violated.

2. If the procuratorate protests at the same time, the second-instance trial shall directly change the judgment! This does not violate the principle of non-aggravation of sentence on appeal.

In short, the main purpose is to protect the appellant's right to appeal and encourage people to actively defend their rights and interests without fear of more adverse consequences. On the one hand, the principle of not increasing the sentence on appeal can dispel the appellant's concerns and enable him to exercise the right of appeal granted to him by law according to his own will, and on the other hand, it can prompt the procuratorate to exercise the right of supervision, so as to better correct mistakes and facilitate the people's court's correct exercise of judicial power.