Will a co appeal have an impact on my suspended sentence?

According to the provisions of law, where only some of the defendants appeal in a case of joint crimes, the entire case shall be reviewed and handled together. If 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. Therefore, the appeal of the same case has an impact on the first-instance judgment of others.

Legal basis: Article 222 of the Criminal Procedure Law.

The second-instance trial court shall 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 appeals or prosecutorial counter-appeals.

Where only some of the defendants appeal in cases of joint crimes, the entire case shall be reviewed and handled together.

Article 225.

After trial, the second-instance trial court shall handle appeals or prosecutorial counter-appeals against the first-instance judgment 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.

Where, after the original people's court makes a judgment in a case remanded for new trial in accordance with item (3) of the preceding paragraph, the defendant raises an appeal or the people's procuratorate raises a prosecutorial counter-appeal, the second-instance trial court shall make a judgment or ruling in accordance with law, and must not remand to the original people's court for new trial.

In the absence of new evidence submitted, the sentence will not be increased in the same case or if the sentence is appealed by oneself. The sentence will only be increased if the procuratorate successfully appeals.

The co-offender's appeal will not affect the suspended sentence, and the law has a restriction on the appeal of the sentence without increasing the sentence. Second-instance people's courts hearing appeals from the defendant or his legally-designated ** Sentong type, defender, or close relatives must not increase the defendant's punishment. In cases where the second-instance people's court remands the case to the original people's court for new trial, the original people's court must not increase the defendant's punishment except where there are new facts of the crime and the people's procuratorate supplements the prosecution.

[Legal basis].Article 237 of the Criminal Procedure Law of the People's Republic of China.

Second-instance people's courts hearing appeals from the defendant or his legally-prescribed rotation **, defender, or close relatives must not increase the defendant's punishment. In cases where the second-instance people's court remands the case to the original people's court for new trial, the original people's court must not increase the defendant's punishment except where there are new facts of the crime and the people's procuratorate supplements the prosecution.

Where the people's procuratorate raises a prosecutorial counter-appeal or the private prosecutor submits an appeal, it is not subject to the restrictions of the preceding paragraph.

Legal analysis: The appeal of the co-defendant will not affect the sentencing of others, and since it does not affect the sentencing of others, it will not affect the suspended sentence.

Legal basis: Article 401 of the "Supreme People's Court's Interpretation on Application" In cases where the defendant or his legally-designated person, defender, or close relatives submit an appeal, the defendant's punishment must not be increased, and the following provisions shall be enforced:

1) In cases tried in the same case, where only some of the defendants appeal, neither the appellant's punishment nor the punishment of the other defendants in the same case must be increased;

2) Where the facts in the original judgment are clear, the evidence is credible and sufficient, but only the charges found are improper, the charges may be changed, but the punishment must not be increased;

3) Where the original judgment imposed a combined punishment for multiple crimes on the defendant, the punishment for which enforcement was decided must not be increased, nor must the punishment for one of the multiple crimes be increased;

4) Where the original judgment announced a suspended sentence for the defendant, the suspended sentence must not be revoked or the probationary period of the suspended sentence must not be extended;

5) Where the original judgment did not announce an injunction, the announcement must not be added; Where the original judgment announces an injunction, the content must not be increased or the period must be extended;

6) Where the original judgment did not restrict the commutation of the defendant's sentence of a suspended death sentence, the commutation must not be restricted;

7) Where the facts in the original judgment are clear and the evidence is credible and sufficient, but the sentence given is unusually light and an additional punishment should have been applied but was not applied, the punishment must not be directly increased or the supplementary punishment applied, and it must not be remanded to the first-instance trial court for new trial on the grounds that the facts are unclear or the evidence is insufficient. 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 appeals are not subject to the restrictions of the preceding paragraph.