If the penalty for the crime of drug trafficking belongs to the judgment of first instance, and the defendant, private prosecutor and their legal representatives refuse to accept the judgment or ruling of first instance of local people's courts at all levels, they have the right to appeal to the people's court at the next higher level in writing or orally. The time limit for appealing against the judgment is ten days.
Will the second trial aggravate the first-instance judgment?
The second trial is generally not heavier than the first trial. The court of second instance shall not aggravate the defendant's punishment when hearing the case appealed by the defendant. However, if the case sent back by the people's court of second instance to the people's court of first instance for retrial has new criminal facts and the people's procuratorate supplements the prosecution, the people's court of first instance may increase the punishment for the defendant.
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Legal basis: Article 227 of the Criminal Procedure Law of People's Republic of China (PRC).
Presentation of an appeal
Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant. The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels. The defendant shall not be deprived of the right to appeal under any pretext.