If only one defendant appeals to a case of multiple persons committing the same crime, the court of second instance will also hear all cases. If the sentence is considered too heavy, it will be revised. If other people appeal after the judgment of the case, it is necessary to judge whether others will revise the judgment according to the specific circumstances of the case.
The people's court of second instance shall not aggravate the defendant's punishment when hearing the case appealed by the defendant, his legal representative, defender or near relative. The people's court of second instance shall not increase the punishment of the defendant 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.
legal ground
Criminal Procedure Law of the People's Republic of China
Article 236 After hearing an appeal or protest case against the judgment of first instance, the people's court of second instance shall handle it separately 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 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. Article 240 After examining the appeal or protest against the ruling of first instance, the people's court of second instance shall, with reference to the provisions of Articles 236, 238 and 239 of this Law, rule to reject the appeal or protest, or revoke or modify the original ruling according to the circumstances.