1. The sentence can be changed at trial. One day of detention, two days of detention. If it belongs to criminal detention, it is generally deducted for one day. After the judgment of first instance is served, the parties have a ten-day appeal period, and before the expiration of the ten-day appeal period, the judgment of first instance has not yet taken effect.
2. Legal basis: Article 41 of the Criminal Law of People's Republic of China (PRC).
The period of control and the period of reducing control shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to two days of imprisonment.
Article 44
The calculation and deduction of the term of criminal detention shall be calculated from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day's detention shall be deducted from the sentence.
Article 47
The term of fixed-term imprisonment and the term of fixed-term imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of imprisonment.
Second, what is the flow of criminal cases?
The criminal case flow is as follows:
1, report the case. After the occurrence of a criminal case, if the victim or the third party reports the case, the pre-procedure of the criminal case is equivalent to starting;
2. Initial investigation of public security. After the public security organ accepts the report, the victim and lawyer shall cooperate with the public security organ to carry out the preliminary investigation, and after finding out the facts of the key case, determine the existence of basic criminal facts in this case to decide whether to file a case;
3, put on record, the case into the investigation stage. After accepting a case, the public security organ shall, after examination, consider that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction, and shall file a case with the approval of the person in charge of the public security organ at or above the county level;
4. Take compulsory measures. After the public security organ formally files a case, the public security organ may seal up and freeze the relevant money and goods involved and stolen goods; Secondly, the public security organs can also take compulsory measures against the relevant persons involved;
5. After the investigation, the public security organ submits the prosecution opinion, and the case enters the stage of examination and prosecution. At this time, the procuratorate should inform the lawyer that he can read the papers, and the lawyer can draw a more comprehensive defense opinion and submit it to the procuratorate on the basis of reading the papers and meeting the parties;
6. Review the prosecution stage. After examining and prosecuting, the procuratorial organ may go beyond the decision to prosecute or not to prosecute. The procuratorate comprehensively verified all the evidence materials transferred by the investigation organ and decided to transfer them to the people's court for prosecution.
7. The procuratorate filed a public prosecution and entered the trial stage. During the trial, the court presided over the trial, and the procuratorate appeared as the prosecution and the lawyer as the defense, and participated in the court investigation, evidence cross-examination and court debate. Finally, the court listened to the opinions of both the prosecution and the defense, and made a guilty or innocent judgment on the defendant according to the facts, evidence and relevant laws and regulations.