Whether the punishment is aggravated on appeal in criminal cases depends on the specific circumstances. If the defendant appeals after the judgment of the first instance and presents new criminal facts or new evidence, then the punishment may be aggravated; If the defendant does not present new criminal facts or new evidence, then the punishment shall not be aggravated.
In criminal cases, appeal is a right of the defendant. The defendant may choose to appeal because he refuses to accept the judgment of first instance or for other reasons. In the process of appeal, the defendant and his defender need to provide new evidence or new criminal facts to prove that the judgment of the first instance is wrong or there are other circumstances that need to be revised.
If the defendant and his defender provide new evidence or new criminal facts during the appeal, the court of second instance will retry the case and make a judgment based on the new evidence and criminal facts. If the court of second instance considers that the judgment of first instance is indeed wrong, it may impose a heavier punishment on the defendant.
However, if the defendant fails to present new criminal facts or new evidence, the court of second instance will uphold the judgment of first instance. In this case, the appeal will not lead to an increase in the sentence.
Criminal case appeal is a lawsuit that the defendant chooses to file because he refuses to accept the judgment of first instance or for other reasons. In the process of appeal, the defendant and his defender need to provide new evidence or new criminal facts to prove that the judgment of the first instance is wrong or there are other circumstances that need to be revised.
According to the Criminal Procedure Law of People's Republic of China (PRC), criminal cases can be appealed in writing or orally. It can be submitted through the people's court that originally tried the case or directly to the people's court at the next higher level. When submitting an appeal application, you need to submit an appeal and explain the reasons and facts of the appeal.
During the appeal, the defendant can withdraw his application for appeal at any time, but it should be noted that once he withdraws his appeal, he loses his right to appeal. If the defendant and his defender do not withdraw their appeal during the appeal period, the court of second instance will try the case again.
In the process of retrial, the court of second instance will conduct a comprehensive review of the facts identified in the first-instance judgment and the applicable law, and make a final judgment. If the court of second instance considers that the judgment of first instance is indeed wrong, it may impose a heavier punishment on the defendant; If the court of second instance thinks that the judgment of first instance is correct, it may uphold the original judgment.
It should be noted that the procedures and legal provisions of criminal cases vary from region to region, and it is recommended to consult local legal professionals or lawyers when appealing criminal cases to ensure that the legitimate rights and interests are fully protected.
To sum up:
Whether the punishment is aggravated on appeal in criminal cases depends on the specific circumstances. If the defendant provides new criminal facts or new evidence, then the punishment can be aggravated; If the defendant does not present new criminal facts or new evidence, then the punishment shall not be aggravated.
Legal basis:
Article 236 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the people's court of second instance shall handle the appeal case against the judgment of first instance 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 too heavy, 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.