Therefore, before deciding to appeal, the defendant should fully understand these risks and carefully weigh the pros and cons.
First, the risk of losing sentencing priority.
In the case of pleading guilty and admitting punishment, the defendant can often get certain preferential sentencing. However, once the defendant decides to appeal, this privilege may be revoked. Because the appeal means that the defendant objected to the judgment of the original trial, which may lead the court to re-examine the voluntariness and authenticity of his confession and lighter punishment, thus withdrawing the original sentencing preference.
Second, increase the risk of litigation costs.
The appeal means that the case will enter the second trial procedure, which will cause the defendant to bear additional legal fees, legal fees and other legal expenses. In addition, the second trial procedure may consume more time and energy and bring additional burden to the defendant. If the final appeal is unsuccessful, these expenses will become unnecessary expenses.
Third, the uncertainty of the judgment.
The appeal may not bring more favorable results. During the second trial, the court may uphold the original judgment, revise the sentence or send it back for retrial. This means that the defendant faces increased uncertainty and cannot predict the final judgment. If the court of second instance thinks that there is something wrong with the original judgment, it may increase the defendant's punishment; If the court of second instance upheld the original judgment, the defendant wasted the opportunity and cost of appeal.
Fourth, the risk of reputation damage.
The appeal may bring damage to the defendant's reputation. In public opinion, appeal is often regarded as a distrust and challenge to judicial decisions. This may damage the defendant's image in the public mind and adversely affect his future life and career development.
To sum up:
The risks of appealing after pleading guilty include losing sentencing priority, increasing litigation cost, uncertainty of judgment and reputation damage. When deciding whether to appeal, the defendant should fully understand these risks and comprehensively consider his own situation, the characteristics of the case and the possible consequences. After weighing the pros and cons, the defendant should make a wise choice to avoid unnecessary risks and losses.
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 20 1 stipulates that:
When making a judgment according to law, the people's court shall generally adopt the charges and sentencing suggestions accused by the people's procuratorate, except for the following circumstances:
(a) the defendant's behavior does not constitute a crime or should not be investigated for criminal responsibility;
(2) The defendant pleads guilty against his will;
(3) The defendant denies the alleged criminal facts;
(4) The charges charged in the prosecution are inconsistent with those found in the trial;
(5) Other circumstances that may affect a fair trial.
Criminal Procedure Law of the People's Republic of China
Article 227 stipulates that:
Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of local people's courts at all levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
Criminal law of the people's Republic of China
Article 67 provides that:
A person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is a voluntary surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted.