The conviction of the crime and the application of the law were wrong, and the sentence should be changed directly.
If the sentence is unusually light, if the public prosecution agency refuses to accept the prosecution or the private prosecutor appeals, it can directly change the sentence and increase the defendant's penalty; if only the defendant appeals, the principle of "appeal will not increase the penalty" will be implemented, that is, the defendant shall not be directly sentenced. If the sentence must be changed, the sentence should be changed through the trial supervision process.
"Criminal Procedure Law of the People's Republic of China"
(Adopted on July 1, 1979, amended on March 17, 1996, and promulgated by the 11th National People's Congress on March 14, 2012 (Amended for the second time at the Fifth Session of the People’s Congress, promulgated on the same day, and effective from January 1, 2013)
Article 225: After the second-instance People’s Court hears a case, the If you are dissatisfied with the first-instance judgment, you may appeal or protest. After the second-instance People's Court hears the case, it shall handle it in accordance with the following circumstances:
(1) If the original judgment is correct in ascertaining the facts and applying the law, and the sentence is appropriate, it shall rule to reject the appeal and protest and uphold the original judgment;
(2) If the original judgment is not wrong in determining the facts, but there is an error in the application of the law or the sentence is inappropriate, the sentence shall be changed;
(3) If the original judgment is unclear in determining the facts or the evidence is insufficient, the sentence may be changed .
(4) If the facts in the original judgment are unclear or the evidence is insufficient, the judgment may be changed after the facts are ascertained; the original judgment may also be revoked and sent back to the original People's Court for a new trial.
After the first-instance People's Court makes a judgment on a case that is remanded for retrial in accordance with the provisions of paragraph 3 of the preceding paragraph, and the defendant files an appeal or the People's Procuratorate files a protest, the second-instance People's Court shall make a judgment in accordance with the law or It was ruled that the case will not be sent back to the People's Court of First Instance for retrial.
Article 226: When the people's court of second instance hears an appeal case by the defendant or his legal representative, defender, or close relative, he shall not increase the defendant's penalty. Article 227 The People's Court of first instance remands a case for retrial by the People's Court of first instance, and the People's Court of second instance may not increase the defendant's penalty, unless there are new criminal facts and the People's Procuratorate additionally prosecutes the case.
Where the People's Procuratorate files a protest or the private prosecutor files an appeal, it is not subject to the restrictions in the preceding paragraph.
Article 227: If the second-instance people's court finds that the trial of the first-instance people's court has any of the following circumstances that violate the legal procedures, it shall rule to revoke the original judgment and remand the case to the second instance. A new trial by the People's Court of First Instance:
(1) Violation of the provisions of this Law on public trials;
(2) Violation of the recusal system;
( 3) Depriving or restricting the legal rights of litigants, which may affect a fair trial;
(4) The composition of the trial organization is illegal;
(5) Other violations of legal provisions proceedings, which may affect a fair trial.