Criminal second instance remands defense opinions for retrial.

Legal analysis: if it is a case appealed by the defendant, the second instance will be sent back for retrial, and the sentence cannot be aggravated; If it is a case protested by the procuratorate and sent back for retrial in the second instance, the punishment may be aggravated.

1, "No additional punishment on appeal" is a basic principle in China's criminal procedure, which means that when the defendant appeals, the penalty imposed on the defendant by the court of second instance shall not be heavier than the original judgment.

2. "No additional punishment" without additional punishment on appeal includes;

1. The same punishment shall not be increased in quantity;

2. The execution mode of punishment shall not be changed, such as changing probation to actual punishment, extending probation period of probation, changing suspended execution of death penalty to immediate execution, etc.

3. No additional punishment shall be added to the main punishment;

4. It is not allowed to change the sentence to a heavier sentence, such as changing the criminal detention from 6 months to 6 months in prison;

5. The sentencing of cases of combined punishment for several crimes shall not be aggravated;

6. The defendant who has not filed an appeal or protest in the same criminal case shall not be given a heavier punishment.

Legal basis: Article 226 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 aggravate the defendant's criminal law 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.