Article 225 of the "Criminal Procedure Law" stipulates that when the second-instance people's court hears appeals and protest cases against the first-instance judgment, it shall handle them separately according to the following circumstances:
(1) If the original judgment determines the facts and applies the law correctly, and the sentence is appropriate, the appeal or protest shall be dismissed and the original judgment shall be upheld;
(2) The original judgment has no error in determining the facts, but there is an error in the application of the law , or the sentence is inappropriate and the sentence should be changed;
(3) If the facts of the original judgment are unclear or the evidence is insufficient, the sentence may be changed after the facts are ascertained; it may also be ruled to revoke the original judgment and remand it to the people's court that originally tried it. Rehearing.
After the first-instance People’s Court makes a judgment on a case remanded for retrial in accordance with the provisions of paragraph 3 of the preceding paragraph, if the defendant appeals or the People’s Procuratorate protests, the second-instance People’s Court shall make a judgment or ruling in accordance with the law. , will not be sent back to the People's Court of First Instance for retrial.