[criminal defense network]In order to maintain and safeguard the criminal litigant rights, the legal provisions of the parties and the appeal period, the people's Court of second instance the admissibility of the appeal and protest cases, must be made within the statutory time limit. An appeal against the decision and the appeal for a period of ten days; not satisfied with the ruling and appeals for a period of five days. The appeal and protest of the period, after receiving the judgment, ruling the calculation book second days. The protest period incidental civil judgment or ruling, the appeals, should be in accordance with the criminal appeal, appeal to determine the period. If the civil part is further trial, an appeal shall be in accordance with the provisions of the civil procedure law for the implementation.

   According to China's "criminal law" the 190th stipulation: the second trial People's court trial the defendant or his legal representative, counsel, close relatives of the appeal case, shall not increase the criminal punishment on the defendant. The people's Procuratorate or the private prosecutor appeal, not subject to the provisions of the preceding paragraph limit. According to the above provisions.

   Appeal not infliction "not infliction" including; 1, the same kind of punishment shall not be increased in quantity; 2, shall not execute method changes of penalty, such as probation into real punishment, to extend the probation period, the suspension of execution of death penalty is executed immediately; 3, without additional punishment in the punishment; 4 sentence commuted, not heavy, such as the detention of 6 months to 6 months in prison; 5, may aggravate punishment cases declared punishment; 6, no appeal and the defendant is not lodge an appeal against the penalty does not bring an increase in a case of joint crime.

   Appeal not infliction principle, applies only to the defendants appeal, the people's Court of second instance shall not increase the criminal punishment on the defendant at the trial. However, the people's Court of second instance in the people's Procuratorate prosecution trial or appeal case; or both the defendant's appeal and the people's Procuratorate protest, appeal the prosecutor's appeal, the defendant is not affected by the "appeal not infliction principle limit.