With regard to the exception of no additional punishment on appeal, this paper introduces the principle of no additional punishment on appeal stipulated in the Criminal Procedure Law, which is only applicable to the cases appealed by the defendant. If the people's procuratorate protests and the private prosecutor appeals, the defendant's appeal shall not be aggravated. According to the second paragraph of Article 190 of the Criminal Procedure Law, if the people's procuratorate protests or the private prosecutor appeals, the appeal will not be restricted and the punishment will not be increased. That is, the people's procuratorate protested or the private prosecutor appealed, whether the defendant appealed or not, the people's court of second instance can either increase the defendant's punishment or reduce or exempt the defendant's punishment according to the specific circumstances of the case. On the one hand, the law stipulates that under certain conditions and within a certain range, the defendant shall not be aggravated. This condition, that is, the scope of appeal without additional punishment is limited to the case where only the defendant appeals; On the other hand, it is stipulated that the defendant can be given a heavier punishment under certain conditions. It seems to be an amendment to the principle of no additional punishment on appeal, but it is actually a supplementary explanation to limit the application scope of the principle of no additional punishment on appeal from the opposite side, which makes people more clear about the application scope of the principle of no additional punishment on appeal. The former is positive, which stipulates the application scope of the appeal without additional punishment from the front; The latter is a negative and negative restriction on its scope of application. The two complement each other and together constitute the complete content of the principle of no additional punishment on appeal. The people's court of second instance may increase the defendant's punishment in cases where the appellant other than the defendant appeals or the people's procuratorate protests. There are two sources of protest by the people's procuratorate here: first, the people's procuratorate believes that the judgment of the people's court of first instance is indeed wrong and the sentence is extremely light; Second, the victim and his legal representative refused to accept the first-instance judgment of the local people's courts at all levels and requested the people's procuratorate to lodge a protest. The people's procuratorate filed a protest after examination. The protest of the people's procuratorate, especially the appeal of the private prosecutor, is generally not conducive to the interests of the defendant. It believes that the punishment of the defendant in the first-instance judgment does not conform to the principle of adapting crime to punishment, and requires the people's court of second instance to increase the punishment of the defendant. If the principle of no additional punishment is adopted in their appeal, their appeal or protest will undoubtedly lose its due significance. However, for some cases appealed by defendants, if they obviously violate the principle of no additional punishment on appeal, they should also be restricted. For example, 200 1, 165438, Li (a mental patient with limited responsibility) committed the crime of intentional homicide on the evening of128. The case was written by Feng Xjiang, who was sentenced to fixed-term imprisonment in the first instance of appeal. Is it effective to ask for shooting? After it was published in People's Court Newspaper on September 8th, 2002, it caused two national discussions in People's Court Newspaper on October 20th, 65438+/kloc-0. I think this appeal is invalid. First of all, contrary to the thinking logic of normal people, under normal circumstances, the defendant refuses to accept the first-instance judgment and always considers the favorable aspects and tries to change or alleviate the unfavorable judgment through the appeal procedure; Secondly, even if the sentencing of the court of first instance is improper, the sentencing of the appeal case can only be alleviated, not aggravated. As a general international rule, there is no additional punishment for appeal. Article 137 of China's Criminal Procedure Law also stipulates that "the people's court of second instance shall not aggravate the defendant's punishment when trying the case appealed by the defendant or his agent, defender or close relatives"; Finally, even if the appeal is effective, it has no practical significance except to increase the number of cases and the workload of the higher court. It is impossible for the higher court to change Li's punishment, let alone aggravate Li's death sentence. The case was handled by the Higher People's Court of Anhui Province, and the qualitative appeal was invalid. Bian Xiao reminded that, judging from the above cases, it is not absolute that the appeal is not aggravated. When the procuratorate protests or the private prosecutor appeals, it is not restricted by the principle of no additional punishment on appeal. We should pay attention to this in judicial practice. At the same time, if the procuratorate protests, it can only impose additional punishment on the protested person, and the principle of no additional punishment on appeal is still adopted for those who are not protested. If your situation is complicated, the website also provides online legal consultation service for lawyers. You are welcome to make legal consultation.