Can I appeal if I have pleaded guilty and served my sentence?

You can continue to appeal, but this situation is an abuse of the right of appeal, which not only undermines the spirit of contract, but also damages the judicial authority, which seriously affects the benign operation of the system of confession and punishment. Therefore, if the defendant denies the alleged criminal facts, does not actively perform the obligation of apology, restitution and compensation in the written statement, and appeals, and meets the conditions for protest, the procuratorial organ may lodge a protest. Secondly, if the defendant appeals without justifiable reasons after making accurate sentencing suggestions to the procuratorate, he should protest in principle. It is inappropriate to protest against the prosecution's proposal of amplitude punishment and sentencing, and if the defendant appeals after the court has awarded the intermediate or online amplitude.

Guiding opinions on leniency in admitting guilt and punishment:

1, which clarifies the basic principles that should be adhered to in applying the system of pleading guilty and admitting punishment. Including carrying out the criminal policy of combining leniency with severity, adhering to the adaptation of crime and punishment, adhering to the evidence judgment, and adhering to the principle of coordination and restriction among the three organs of public security and procuratorial law.

2. Clarify the scope and conditions of application of the leniency system. Confession and punishment are applicable to all stages of investigation, prosecution and trial, and can be applied to all criminal cases. However, the application of "can" is not uniform, and whether it is lenient after pleading guilty is decided by the judicial organs according to the specific circumstances of the case.

3. Clear the grasp of "leniency". Leniency includes both substantial leniency and procedural simplification. "Can be lenient" means that it should be lenient in general, but not all. We should distinguish the different stages of litigation, find out the value of the facts of the case and the severity of the crime, and comprehensively consider the limit and degree of leniency.

4. Clarify the protection of criminal suspects and defendants' right to defense and the protection of victims' rights and interests. In handling a case of pleading guilty and admitting punishment, the criminal suspect and the defendant shall be guaranteed effective legal help, and the opinions of the victims and their agents ad litem shall be listened to. Legal aid institutions can send lawyers on duty in people's courts, people's procuratorates and detention centers. The lawyer on duty may meet with the criminal suspect and the defendant, and may consult the files of the people's procuratorate from the date of examination and prosecution.

After signing the confession statement, don't continue to appeal. On the one hand, the second-instance judgment of the suspect is very unfavorable, and the leniency may be revoked. Therefore, before signing the confession and repentance, you should negotiate with the lawyer in time before signing.

legal ground

Criminal procedure law

Article 183. The time limit for appeals and protests against judgments is 10 days, and the time limit for appeals and protests against rulings is 5 days, counting from the day after receiving the judgment or ruling.

Article 180 The defendant, the private prosecutor 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 the local people's courts at various levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.

The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels.