* * * In the case of the same crime, if only some defendants appeal, neither the punishment for the defendant who appealed nor the punishment for other co-defendants can be aggravated. If the defendant is punished for several crimes, the penalty decided to be executed cannot be aggravated, nor can the penalty for one crime or several crimes be aggravated under the condition that the penalty decided to be executed remains unchanged. If the defendant is sentenced to criminal detention or fixed-term imprisonment and a suspended sentence is pronounced, the suspended sentence declared in the original judgment shall not be revoked or the probation period of the suspended sentence shall not be extended. * * * In the same criminal case, if the people's procuratorate only protests against the judgments of some defendants, it shall not impose heavier punishment on other defendants in the original trial. For cases sent back for retrial due to unclear facts and insufficient evidence, the court of first instance has changed the sentence after retrial. If a case of second instance is only caused by the defendant's appeal, the court of first instance shall not increase the punishment.
The criteria for filing a case are as follows:
1, there are criminal facts, that is, the accepted case, and the criminal suspect's behavior has violated the criminal law, which constitutes a crime;
2, need to be investigated for criminal responsibility, that is, criminal suspects need to be punished according to law;
3, belong to their own jurisdiction, the public security organs can only be under the jurisdiction of their own cases.
As a symbol of the beginning of criminal proceedings, filing a case is a legal stage that every criminal case must go through; At the same time, this litigation stage has relative independence and specific litigation tasks.
To sum up, if only the defendant or his legal representative, defender or close relatives appeal, the punishment of the defendant shall not be aggravated. However, if the people's procuratorate protests at the same time as the defendant appeals, or the private prosecutor also appeals, it is not restricted by the principle of no additional punishment for appeal.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 237
The people's court of second instance shall not aggravate the defendant's punishment when hearing the case appealed by the defendant, his legal representative, defender or near relative. The people's court of second instance shall not increase the punishment of the defendant unless there are new criminal facts, and the people's procuratorate shall make supplementary prosecution. Where a people's procuratorate lodges a protest or a private prosecutor lodges an appeal, it shall not be restricted by the provisions of the preceding paragraph.