After the procuratorate protests, the court shall make the following treatment: 1. If the original judgment finds the facts and applicable laws correct and the sentence is appropriate, it shall rule to reject the protest and uphold the original judgment; 2. If the law applied in the original judgment was wrong or the sentence was improper, the judgment shall be revised; 3. If the facts of the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained; You can also decide to revoke the original judgment and send it back to the court of first instance for retrial.
Legal objectivity:
Article 236 of the Criminal Procedure Law The people's court of second instance shall, after hearing the case of appeal or protest against the judgment of first instance, handle it separately according to the following circumstances: (1) If the facts and applicable laws are found to be correct in the original judgment and the sentence is appropriate, it shall rule to reject the appeal or protest and uphold the original judgment; (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. If the defendant appeals or the people's procuratorate protests after the people's court of first instance has made a judgment on the case sent back for retrial in accordance with the provisions of the third paragraph of the preceding paragraph, the people's court of second instance shall make a judgment or ruling according to law and will not send it back to the people's court of first instance for retrial.