Will the appeal of criminal cases affect the commutation?

Whether the appeal of criminal cases will reduce the sentence depends on whether the evidence of the first-instance judgment is sufficient and whether the legal adaptation is correct. Generally, the second trial of criminal cases is not held in court, unless the death penalty is imposed or there are problems in the application of evidence law, whether the punishment is mitigated depends on the evidence of specific cases.

Legal analysis

The term of imprisonment can be shortened after appeal, but only if the conditions for commutation are met. Conditions and limits of commutation A criminal sentenced to public surveillance, criminal detention, fixed-term imprisonment or life imprisonment may have his sentence commuted if he conscientiously abides by prison regulations, receives education and reform, and truly shows repentance or meritorious service during the execution. Criminal appeal does not affect commutation. Whether the sentence can be reduced depends on whether the prisoner meets the above conditions for reducing the sentence, and has nothing to do with whether to appeal. Those who have made one of the following major meritorious deeds shall be given a reduced sentence: 1, and those who have prevented others from committing major criminal activities; 2, report major criminal activities inside and outside the prison, verified; 3. Inventions or major technological innovations; 4. Give yourself up to save others in daily production and life; 5 outstanding performance in fighting natural disasters or eliminating major accidents; 6. Other significant contributions to the country and society.

legal ground

Article 227 of the Criminal Procedure Law of People's Republic of China (PRC), if the defendant, private prosecutor and their legal representatives refuse to accept the judgment or ruling of first instance of the local people's courts at all levels, they have the right to appeal to the people's court at the next higher level in written or oral form. 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. The defendant shall not be deprived of the right to appeal under any pretext.