2. Defense: refers to a series of rules and systems such as the right of defense, defense types, defense methods, the scope of defenders, the responsibilities of defenders, and the rights and obligations of defenders.
3. Jurisdiction of filing a case: refers to the division of authority of public security organs, people's procuratorates and people's courts to directly accept criminal cases.
4. Trial jurisdiction: refers to the division of powers between people's courts at all levels, ordinary people's courts, special people's courts and people's courts at the same level in the people's court system to try criminal cases of first instance.
5. Evidence in criminal proceedings refers to all facts that can prove the true situation of a case in the form prescribed by law.
6. Physical evidence: refers to all items and traces that can prove the facts of the case.
7. Documentary evidence: refers to the calligraphy and painting materials or other articles that record the contents in words, pictures and symbols and prove the facts of the case.
8. Investigation experiment: refers to the legal scientific activities designed and implemented by investigators in the process of criminal proceedings, based on scientific principles and methods, and based on simulating the original conditions of the case, with the aim of finding out the existence, possibility of occurrence or its state and process of the facts related to the case.
9. Direct evidence: refers to evidence that can independently and directly prove the main facts of a case.
10. Object of proof: refers to all kinds of problems related to criminal cases that need to be proved by evidence, including both the main facts of criminal cases and other facts related to criminal cases that need to be proved.
1 1. Coercive measures in criminal proceedings refer to various coercive methods adopted by public security organs, people's procuratorates and people's courts in criminal cases to restrict or deprive criminal suspects and defendants of their personal freedom in order to ensure the smooth progress of criminal proceedings.
12. Bail pending trial: refers to a compulsory method that public security organs, people's procuratorates and people's courts order criminal suspects and defendants to put forward guarantors or pay a deposit to ensure that criminal suspects and defendants do not evade or hinder investigation, prosecution and trial.
13, residential surveillance: refers to a compulsory method in which people's courts, people's procuratorates and public security organs order criminal suspects and defendants not to leave their residences without authorization, and monitor and control their activities without a fixed residence.
14. detention: it refers to a compulsory measure that the public security organs and people's procuratorates temporarily deprive some flagrante delicto or major criminal suspects of their personal freedom in case of emergency during the investigation.
15. Arrest: refers to a compulsory measure taken by public security organs, people's procuratorates and people's courts to deprive criminal suspects and defendants of their personal freedom and detain them according to law in order to prevent them from evading investigation, prosecution and trial, obstructing criminal proceedings or causing social harm.
16. Filing a case: refers to the litigation activities in which the public security organs, people's procuratorates and people's courts examine information such as reports, complaints, reports and surrenders according to their jurisdiction to determine whether there are criminal facts, whether criminal responsibility should be investigated or not, and decide whether to conduct investigation or trial as a criminal case according to law.
17. Supplementary investigation: refers to the litigation activities in which the public security organs or people's procuratorates, on the basis of the original investigation work, conduct further investigation and supplement evidence in accordance with legal procedures for some cases where the facts are unclear and the evidence is insufficient, or the same case is still suspected of a crime.
18, investigation supervision: refers to the people's procuratorate to supervise the legality of the investigation activities of the investigation organs according to law.
19. Prosecution: refers to the litigation activities in which the state public prosecution organ and citizens who have the right to prosecute bring a lawsuit to the court according to law against the criminal acts that have occurred, requesting the court to try the alleged crimes, so as to determine the criminal responsibility of the defendant and impose criminal penalties.
20. Initiating public prosecution: It refers to the activity that the people's procuratorate brings a lawsuit to the people's court on behalf of the state to demand criminal punishment for the defendant when the public security organ has finished the investigation and the case has been investigated by itself, and it is considered that the criminal facts have been ascertained and the evidence is true and sufficient after comprehensive review.
2 1. review and prosecution: refers to the people's procuratorate's review of cases transferred for review and prosecution by public security organs and cases terminated by self-investigation, and the criminal suspect is prosecuted, not prosecuted or dismissed according to law.
22. Non-prosecution: refers to the decision made by the people's procuratorate that the criminal suspect's behavior does not constitute a crime or should not be investigated for criminal responsibility according to law, or the circumstances of the crime are minor, and it does not need to be sentenced or exempted from punishment according to the criminal law, or the evidence is insufficient and does not meet the conditions for prosecution.
23. Private prosecution: refers to a case that a person who has the right to prosecute brings a criminal lawsuit according to law and is directly accepted by the people's court.
24. Postponement of hearing: refers to the system in which the people's court decides the date of hearing separately after notifying the parties and other participants in the proceedings and announcing the date of hearing, or when the hearing is held for legal reasons.
Suspension of trial: refers to the people's court's decision to temporarily suspend the trial of a case after accepting the case and before making a judgment, because of certain circumstances, it cannot continue the trial within a certain period of time, and after the relevant circumstances disappear.
26. Procedure of second instance: refers to the procedure that the people's court at the next higher level of the people's court of first instance retries the judgment or ruling that has not yet taken legal effect on the basis of the appellant's appeal or the people's procuratorate's protest.
27. Appeal: refers to the litigation behavior that a litigant participant who has the right of appeal refuses to accept the judgment or ruling made by the court of first instance and submits a retrial to the people's court at the next higher level within the statutory time limit in accordance with legal procedures.
28. Review procedure of death penalty: It is a special trial procedure for the Supreme People's Court and the Higher People's Court to review and approve the cases in which the defendant was sentenced to death.
29. Trial supervision procedure: also known as retrial procedure, refers to the steps, ways and methods that the people's court and the people's procuratorate put forward for retrial when they find that the legally effective judgment or ruling is wrong in ascertaining the facts or applying the law.
30. Temporary execution outside prison: refers to a temporary alternative execution method adopted by a criminal sentenced to life imprisonment, fixed-term imprisonment or criminal detention, who should have served his sentence in prison or other execution places, but is not suitable for execution in prison or other execution places due to some special circumstances stipulated by law.
1. What are the criminal cases directly accepted by the people's procuratorate? (page 83)
1. Crime of corruption and bribery
2. Crime of dereliction of duty by state functionaries
3. Crimes committed by state functionaries who violate citizens' personal rights and democratic rights by taking advantage of their functions and powers.
4. Other serious crimes committed by functionaries of state organs who put on record for investigation by people's procuratorates at or above the provincial level by taking advantage of their powers.
2. What are the criminal cases directly accepted by the people's courts? (page 84)
1.
2. The victim has evidence to prove minor criminal cases.
3. If the victim has evidence to prove that the defendant has violated his personal and property rights and should be investigated for criminal responsibility according to law, the public security organ shall
Or the people's procuratorate shall not investigate the criminal responsibility of the defendant.
Three. What rights do defenders have? (1 1 1 page)
1, right of independent reply 2, right of marking papers and meeting and communication 3, right of investigation and evidence collection 4, right of giving opinions.
5. Right of appeal and accusation. The right to participate in court investigations and debates. The right of appeal with the consent of the defendant.
8. Require public security and judicial organs to lift compulsory measures against criminal suspects and defendants who have taken compulsory measures beyond the statutory time limit.
9. Denial of the right to defense
4. According to the provisions of China's Criminal Procedure Law, what are the situations that judges, prosecutors and investigators should avoid? (page 94)
1. is a party to this case or a close relative of the party.
2. I or his near relatives have an interest in this case.
3. Act as a witness, expert witness, defender and agent ad litem in this case.
4. Having a close relative relationship with the defender or agent ad litem of this case.
5. Having other relations with the parties to the case, which may affect the fair handling of the case.
6. Accepting the guests and gifts of the parties and their clients, or meeting the parties and their clients in violation of regulations.
5. Briefly describe the non-prosecution conditions for not being investigated for criminal responsibility according to law.
(1) The behavior of the criminal suspect does not constitute a crime in law or there is sufficient evidence to prove that the crime was not committed by the criminal suspect;
(two) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;
(3) The crime has passed the limitation period;
(4) Being exempted from punishment by an amnesty order;
(5) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law;
(6) The criminal suspect is dead;
(7) Other laws provide for exemption from criminal responsibility.
What is the difference between criminal detention and administrative detention? (Baidu)
(1) applies to different objects. Criminal detention is a compulsory method adopted by public security organs to temporarily restrict personal freedom in the process of investigation because of emergency, and administrative detention is suitable for ordinary illegal personnel;
(2) The legal nature is different. Criminal detention is not punitive, but a temporary safeguard measure, and administrative detention is a punishment;
(3) the purpose is different. The purpose of criminal detention is to ensure the smooth progress of criminal proceedings, while administrative detention is to punish and educate people who generally violate the law;
(4) Different detention periods. Ordinary criminal detention does not exceed 14 days, the detention period of major suspects who have committed crimes at large, repeated crimes and partnership crimes does not exceed 37 days, and the longest administrative detention period is 15 days.
(5) Different applicable organs: Criminal detention is decided by public security organs and people's procuratorates, and executed by public security organs. Administrative detention is a public security organ.
Seven. Please describe the scope of application of summary procedure (P284).
1. The facts of the case are clear and the evidence is sufficient.
The defendant admitted his crime and had no objection to the alleged criminal facts.
The defendant has no objection to the application of summary procedure.
Eight. Briefly describe the characteristics of summary court trial. (285 pages)
1. In some cases, the trial organization can implement the sole responsibility system. A collegial panel shall be formed for those who may be sentenced to fixed-term imprisonment of more than three years.
Conduct a trial
2. The trial procedure is flexible.
3. Close the case quickly. Article 2 14 of the Criminal Procedure Law applies to cases tried by summary procedure, and the people's court shall conclude the case within 20 days after accepting it; Yeah, maybe.
Sentenced to fixed-term imprisonment of more than three years may be extended to one and a half months.
4. If it is found that the summary procedure is not applicable, it shall be retried in accordance with the general procedure.
Please describe the difference between the procedure of trial supervision and the procedure of second instance. (Baidu)
1。 The subjects of the experiment are different. The trial supervision procedure deals with cases in which the judgment or ruling has become legally effective; The procedure of second instance is a case in which the judgment or ruling of the procedure of first instance has not yet taken effect.
2。 The topics mentioned are different. The trial supervision procedure can only be initiated by the Supreme People's Court; People's court at a higher level; Judicial Committee of the people's court of first instance; The people's procuratorate at a higher level is the Supreme People's Procuratorate. The procedure of second instance is initiated by the person who has the right of appeal according to law and the people's procuratorate who initiated the public prosecution in the procedure of first instance.
3。 The conditions mentioned are different. When the trial supervision procedure is started, it must be found that the judgments and orders that have come into effect are indeed wrong in ascertaining the facts and applying the law. If the procedure of second instance is initiated by the appellant, as long as he refuses to accept the judgment or ruling of first instance, there is no need for any reason to appeal. If the people's procuratorate protests, it is required to consider that the judgment or ruling of the first instance is indeed wrong.
4。 The filing period is different. There is no time limit for starting the trial supervision procedure, except that a new crime is discovered or the innocence is converted into guilt by the limitation of prosecution. As long as the original judgment or ruling has taken effect, it can be in the process of execution of the effective judgment or ruling, or after the effective judgment or ruling has been executed; The procedure of second instance must be started within the statutory appeal period and protest period.
5。 The procedures applicable to the trial are different. What kind of specific trial procedure is applicable to the trial of a case according to the trial supervision procedure depends on the effective judgment. If the original application procedure is a case of first instance, it shall be tried by the procedure of first instance, and if it is a case of second instance or a case remanded for trial, it shall be tried by the procedure of second instance.
6。 The principles of trial and sentencing are different. When trying a case according to the procedure of trial supervision, the final trial result can be to reduce the original sentence or to increase the original sentence; However, when trying a case according to the procedure of second instance, we must abide by the principle of no additional punishment on appeal.
7. The courts tried are different. The court that has the right to hear a case in accordance with the procedure of trial supervision may be the court of first instance, the court of second instance, or the court at a higher level remanded for retrial; The court that has the right to hear a case in accordance with the procedure of second instance can only be the court at the next higher level than the court of first instance.
X. What is the principle of no additional punishment on appeal? What are the exceptions? (299 pages)
The principle of no additional punishment on appeal means that when only the defendant appeals, the people's court of second instance shall not increase the defendant's punishment for any reason or in any form in the procedure of second instance.
The fact that the appeal is not aggravated does not mean that the people's court of second instance cannot aggravate the defendant's punishment under any circumstances. In the case of protest by the people's procuratorate or appeal by the private prosecutor, the court of second instance is not restricted by appeal and does not impose additional punishment.
Applicable:
1.*** In the same criminal case, if only some defendants appeal, the punishment for the defendants who appeal can neither be aggravated nor aggravated.
Punishment for other co-defendants.
2. The original judgment found that the facts were clear and the evidence was sufficient, but the charges were found to be improper, and the sentence may be changed without aggravating the punishment of the original judgment.
Accusation.
3. If the defendant is punished for several crimes, the penalty decided to be executed shall not be aggravated, nor shall the penalty decided to be executed in the original judgment be maintained unchanged.
In this case, the punishment for one of several crimes is aggravated.
4. If the defendant is sentenced to criminal detention or fixed-term imprisonment, the probation period of probation shall not be revoked or extended.
5. The people's court of second instance sent the case back to the people's court of first instance for retrial, and the people's procuratorate supplemented the prosecution with new criminal facts.
In addition, the people's court that originally tried the case may not aggravate the defendant's punishment.
6. If the facts are clear and the evidence is sufficient, but the punishment is relatively light, or the supplementary punishment should be applied but not applied, the case shall not be revoked.
If the judgment of first instance directly aggravates the defendant's punishment or applies additional punishment, it shall not be sent back to the people's court of first instance for retrial because of unclear facts or insufficient evidence.
XI。 On the conditions of private prosecution cases. (242 pages)
1. Subject of private prosecution: The private prosecutor is the victim of this case or his legal representative or near relative.
2. There must be a clear defendant.
3. The scope of cases accepted by the people's courts: the scope of cases stipulated in Article 204 of the Criminal Procedure Law. Let's talk about cases first. Second, the victim has evidence to prove a minor criminal case. Three, the victim has evidence to prove that the defendant has violated his personal and property rights, and shall be investigated for criminal responsibility according to law, and the public security organ or the people's procuratorate shall not investigate the criminal responsibility of the defendant.
4. There are specific claims and evidence that can prove the facts of the defendant's crime.
5. The case of private prosecution is filed within the time limit for prosecution.
Twelve, what conditions should a guarantor have? (P 160)
1, irrelevant to this case. 2. Have the ability to fulfill the guarantee obligations.
3, enjoy political rights, personal freedom is not restricted. 4. Have a fixed residence and income.
XIII. What are the conditions for filing a case? (P 199)
1. Factual conditions: criminal facts. A in criminal proceedings, the person who needs to file a case for criminal responsibility must be constituted in accordance with the provisions of the criminal law.
Criminal behavior, rather than the general violation of the law, party discipline and political discipline, lunch socialist morality, should first draw a clear line between crime and non-crime. Second, there must be some evidence to prove that the criminal facts have occurred and existed, not because of the subjective imagination and speculation of judicial staff, nor because of hearsay, innuendo or fabrication out of thin air.
2. Legal conditions: criminal responsibility is required. The behavior of the perpetrator has constituted a crime and should be punished in accordance with the relevant provisions of the Criminal Law.
3. Comply with the jurisdictional provisions.
14. What regulations should criminal suspects and defendants who live under surveillance abide by? (P 163)
1. Do not leave the residential place under surveillance without the approval of the executive organ.
2. No meeting or correspondence with others is allowed without the approval of the executive organ (family members living with the residents under surveillance should not be included here).
And defense lawyers in general cases)
3. Arrive in time for the arraignment.
Don't interfere with the witness's testimony in any form.
5. Do not destroy, forge evidence or collude.
6. Submit passport and other entry and exit documents, identity documents and driving documents to the executive organ for preservation.
Fifteen, briefly describe the applicable objects and conditions for temporary execution outside prison. (P350) The object of temporary execution outside prison is limited to criminals sentenced to fixed-term imprisonment or criminal detention.
It can be temporarily executed outside prison: (1) there is a serious illness that requires medical treatment outside prison; (2) Women who are pregnant or nursing babies; (three) life can not take care of themselves, the application of temporary execution outside prison will not harm society. "But for criminals sentenced to life imprisonment, there are provisions in Article 2 of the preceding paragraph.
Under certain circumstances, it may be temporarily executed outside prison.
(1, some criminals try to get medical treatment outside prison by cheating and hurting themselves in order to achieve the purpose of execution outside prison, but they can't perform execution outside prison. 2. For criminals who meet the conditions for execution outside prison, if they think that medical parole may be socially dangerous, they may not be executed outside prison. )
Sixteen, the main body of the trial supervision procedure.
The subject and its authority to start the trial supervision procedure
(1) Presidents of people's courts at all levels and directors of judicial committees. If the presidents of the people's courts at all levels find errors in ascertaining facts or applying laws in legally effective judgments and rulings, they must submit them to the judicial committee for handling. A case discussed and decided by the judicial committee for retrial shall be retried by a collegial panel.
(2) the Supreme People's Court and other higher people's courts. The Supreme People's Court has the right to send back or instruct the people's courts at lower levels to retry the legally effective judgments and rulings of the people's courts at all levels. If the people's courts at higher levels find that there are indeed mistakes, they have the right to send back or instruct the people's courts at lower levels to retry.
(3) the Supreme People's Procuratorate and other people's procuratorates at higher levels. The Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision if it finds that the legally effective judgment or ruling of the people's court at all levels is wrong, and the people's procuratorate at a higher level has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision.
17. What is jurisdiction and what are its components? (page 85)
Trial jurisdiction: refers to the division of powers between people's courts at all levels, ordinary people's courts, special people's courts and people's courts at the same level in the people's court system to try criminal cases of first instance.
Components: level jurisdiction, regional jurisdiction, designated jurisdiction, special jurisdiction, and several special circumstances. Level jurisdiction: 1. Criminal cases of first instance under the jurisdiction of the Supreme People's Court. 2. Criminal cases of first instance under the jurisdiction of the Higher People's Court. 3. The Intermediate People's Court has jurisdiction over criminal cases of first instance. 4. The basic people's courts have jurisdiction over criminal cases of first instance.
Territorial jurisdiction: 1, with the principle of giving priority to the jurisdiction of the court in the place where the crime was committed, supplemented by the jurisdiction of the court in the defendant's place of residence. 2. The principle of giving priority to the jurisdiction of the court initially accepted, supplemented by the jurisdiction of the court in the main crime place.
Designated jurisdiction: 1. The jurisdiction of an unknown case shall be determined by a higher court in a specified way. 2, by the higher court in a specified way to change the tube.
Jurisdiction.
Special jurisdiction: it is the division of powers between special people's courts and local people's courts, between special people's courts and within the system of special people's courts to try criminal cases of first instance. (Military courts, railway transport courts, forest courts and maritime courts have no criminal jurisdiction) Jurisdiction of several special cases: 1. Jurisdiction of foreigners in criminal cases. 2. Jurisdiction over crimes committed on vehicles outside China. 3. Jurisdiction of China citizens in foreign criminal cases. 4. Jurisdiction over criminal cases of prisoners.
Eighteen, how does the people's procuratorate exercise the right to supervise the activities of public security organs?
(P62) If the people's procuratorate thinks that the public security organ does not file a case for investigation, or the victim thinks that the public security organ does not file a case for investigation, the people's procuratorate shall ask the public security organ to explain the reasons for not filing a case. If the people's procuratorate believes that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, and the public security organ shall file a case after receiving the notice.
There are two main sources of materials for Baidu (1) people's procuratorate to supervise not filing a case: first, through various business activities of the people's procuratorate, it is found that the public security organ should file a case instead of filing it; The second is obtained through the materials submitted by the victims. The victim thinks that the public security organ should file a case instead of filing a case. The people's procuratorate shall accept the proposal submitted to the people's procuratorate and shall not refuse it for any reason. (two) the people's Procuratorate shall, after receiving the materials for the supervision of not filing a case, review it according to the facts and laws. If the public security organ considers it necessary to explain the reasons for not filing a case, it may, with the approval of the procurator-general, require the public security organ to explain the reasons for not filing a case in writing within 7 days.
(3) If, after necessary investigation and careful examination, the people's procuratorate considers that the reason why the public security organ does not file a case cannot be established, it shall notify the public security organ to file a case, issue a notice of filing a case, and at the same time transfer the relevant materials to the public security organ.
(4) The public security organ shall decide to file a case within 15 days after receiving the notice of filing a case from the people's procuratorate, and serve the decision on filing a case on the people's procuratorate. It should be noted that, under normal circumstances, the procuratorial organ may not conduct an investigation in the supervision of filing a case, but it may conduct necessary investigation and verification on the relevant materials that notify the public security organ to file a case. The exception is the major criminal cases committed by the staff of state organs under the jurisdiction of public security organs by taking advantage of their powers. If the public security organ refuses to file a case after receiving the notice from the people's procuratorate, the people's procuratorate may directly file a case for investigation upon the decision of the people's procuratorate at or above the provincial level.
Nineteen, briefly describe the types and contents of supplementary investigation;
Types: supplementary investigation in the stage of examination and arrest, supplementary investigation in the stage of examination and prosecution and supplementary investigation in the stage of trial.
Content: For some criminal cases that have not completed the original investigation task and some facts and circumstances have not been ascertained, supplementary investigations will be carried out in time. For the public, procuratorial and legal organs, they will find out all the facts of the case, handle the case objectively and fairly, complete the task of exposing, confirming and punishing crimes, and prevent and correct errors and omissions that may occur or have occurred in the course of litigation.
20. What are the conditions for starting the trial supervision procedure?
If the people's court finds that the concluded case is indeed wrong, it has the right to file a retrial according to the function of trial supervision, but it must meet the following conditions:
(1) The subject of retrial must be the legal organs and public officials exercising judicial power.
(2) The object of retrial must be the legally effective judgment, ruling and conciliation statement of the people's court.
(3) The retrial procedure can only be started if the organization that has the right to start the trial supervision procedure makes a ruling on retrial.
Supplement: "Reasons for starting the trial supervision procedure"
1. The original judgment or ruling found that the facts were indeed wrong. 2. The original judgment or ruling was indeed wrong in the application of law. 3, a serious violation of legal procedures, affecting the correct judgment of the case. In the trial of this case, the judges were guilty of corruption, bribery, favoritism and perverting the law.
Supplement: When the people's court of second instance applies the principle of no additional punishment on appeal, it shall implement the following specific provisions:
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. 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.
The Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC)
Article 257 The people's court of second instance shall not aggravate the defendant's punishment when trying the case appealed by the defendant, his legal representative, defender and close relatives, and shall implement the following specific provisions:
(1) In a criminal case of * * *, if only some defendants appeal, neither the punishment of the defendant who appealed nor the punishment of other co-defendants can be aggravated;
(2) If the facts in the original judgment are clear and the evidence is sufficient, but the charges identified are improper, the charges may be changed without aggravating the punishment in the original judgment; (3) If the defendant is punished for several crimes, the penalty decided to be executed shall not be aggravated, nor shall the penalty for one of several crimes be aggravated under the condition that the penalty decided to be executed in the original judgment remains unchanged; (4) If the defendant is sentenced to criminal detention or fixed-term imprisonment and a suspended sentence is pronounced, the suspended sentence declared in the original judgment shall not be revoked or the probation period of the suspended sentence shall not be extended; (5) If the facts are clear and the evidence is sufficient, but the sentence is particularly light, or the supplementary punishment should be applied but not applied, the judgment of first instance shall not be revoked, the defendant's punishment shall not be directly aggravated or the supplementary punishment shall not be applied, and the facts shall not be sent back to the people's court of first instance for retrial because of unclear facts or insufficient evidence. If the sentence must be changed according to law, it shall be retried in accordance with the procedure of trial supervision after the judgment or ruling of second instance takes effect.
Cases protested by people's procuratorates or appealed by private prosecutors shall not be restricted by the provisions of the preceding paragraph. However, the case protested by the people's procuratorate shall be tried by the people's court of second instance. If the defendant is sentenced to death and executed immediately, it shall be reported to the Supreme People's Court for approval.
Article 258 If the people's procuratorate only protests against the judgments of some defendants in the case of * * * accomplice, the people's court of second instance shall not impose heavier punishment on other defendants of first instance.