It is one of the basic principles in criminal proceedings not to increase the punishment on appeal, including that the court of second instance shall not increase the criminal punishment of the appellant or other co-defendants who have not appealed. The main meaning is:

1. If only some defendants appeal in a case tried in the same case, the punishment of the appellant or other defendants shall not be aggravated;

2. If the facts of the original judgment are clear and the evidence is true and sufficient, but the charges are found to be improper, the charges may be changed, but the punishment may not be aggravated;

3. If the defendant is punished for several crimes in the original judgment, the penalty decided to be executed shall not be aggravated, nor shall the penalty for one of several crimes be aggravated;

4. If the original judgment announces the defendant's probation, the probation period of probation shall not be revoked or extended;

5, the original judgment did not declare the injunction, shall not increase the announcement; If the original judgment declares an injunction, the content shall not be increased or the time limit extended;

6, the original judgment sentenced to death with a suspended execution of the defendant did not limit the commutation, shall not limit the commutation;

7. The facts of the original judgment are clear and the evidence is true and sufficient. However, if the penalty imposed is so light that the additional penalty should be applied but not applied, it shall not be directly aggravated or applied, nor shall it be sent back to the people's court of first instance for retrial on the grounds of unclear facts and 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.

The Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC)

Article 325 When trying a case appealed by the defendant, his legal representative, defender or near relative, the defendant's punishment shall not be aggravated, and the following provisions shall be implemented:

(1) If only some defendants appeal in a case tried in the same case, the appellant's punishment shall not be aggravated, nor shall the punishment of other defendants in the same case be aggravated;

(2) If the facts in the original judgment are clear and the evidence is true and sufficient, but the charges identified are improper, the charges may be changed, but the punishment may not be aggravated;

(3) If the defendant is punished for several crimes in the original judgment, the penalty decided to be executed shall not be aggravated, nor shall the penalty for one of several crimes be aggravated;

(4) If the defendant is suspended in the original judgment, the probation period of probation shall not be revoked or extended;

(5) If the injunction was not announced in the original judgment, the announcement shall not be increased; If the original judgment declares an injunction, the content shall not be increased or the time limit extended;

(six) the original judgment sentenced the defendant to death with a suspension of execution, and there is no restriction on commutation;

(7) If the facts in the original judgment are clear and the evidence is true and sufficient, but the punishment imposed is too light, and additional punishment should be applied but not applied, the punishment shall not be directly aggravated or applied, nor shall it be sent back to the people's court of first instance for retrial on the grounds of unclear facts and 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.