According to the circumstances of the case, the court of second instance can make: 1, reject the appeal and uphold the original judgment; 2. Change the sentence according to law; 3. Cancel the original judgment and send it back to the people's court that originally tried for retrial.
When the people's court of second instance accepts an appeal case, it shall generally conclude it within two months, and it may be extended for two months under special circumstances. Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
Relevant provisions: Article 10 of the Criminal Procedure Law: When the people's courts try cases, the system of final adjudication by two trials shall be implemented.
Article 225 After hearing the case of appeal or protest against the judgment of first instance, the people's court of second instance shall handle it separately according to the following circumstances:
(a) the original judgment found the facts and applicable laws correct, and the sentence was appropriate, so the appeal or protest was rejected and the original judgment was upheld;
(two) the original judgment found that the facts were not wrong, but the applicable law was wrong, or the sentence was improper, and the judgment should be revised;
(3) If the facts in the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained; You can also make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for a new trial.
Article 232 The people's court of second instance shall conclude the case of appeal or protest within two months. For a case that may be sentenced to death or a case with incidental civil action, if one of the circumstances stipulated in Article 156 of this Law occurs, it may be extended for two months with the approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval.
The time limit for accepting appeals and protests in the Supreme People's Court shall be decided by the Supreme People's Court.