Legal basis: Article 237 of the Criminal Procedure Law of People's Republic of China (PRC). The people's court of second instance shall not aggravate the defendant's punishment when trying the case appealed by the defendant or 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.