[Introduction to Case Case] ​​The defendant Luo joined the illegal MLM organization under the trick of others，and manages Liang Mou、Jiang Mou，Three defendants will deceive the victims to MLM by arranging the women's members online chat，Restricting personal freedom，"Find Fear、Test facial、Scolding and living poor、Find a balance、Talk about investment、online "and other methods，Implement illegal detention of the victims、Beating、Stardo、"Brainwashing"，Forced the victim to pay for the purchase of unwanted products to join the organization，Court of First Trial [(2019) Gan 0520 Criminal Early Chief Early Chief Criminals] believes that Luo Mou is guilty of robbery、illegal detention，Digital crimes and punishment，It was decided to execute 16 years and 6 months in prison;、illegal detention，Digital crimes and punishment，It was decided to implement the sentence for 9 years and 9 months;，Learned in prison for 2 years and 6 months。After the sentence，Luo、Liang made an appeal。Court of Second APS [(2020) Gan 05 End 28] After trial，Failure to judge it only constitutes illegal detention，Learned in prison for 2 years and 10 months。

[Case Evaluation] This case is a typical second instance court in judicial practice that the county's crime is wrong，The identification of the crime without the final punishment of the defendant's final punishment has also increased the punishment of the sin。Due to case trial in 2021 "The Supreme People's Court's Interpretation of the" Criminal Procedure Law of the People's Republic of China "(hereinafter referred to as the interpretation of the" Criminal Procedure ")，Therefore, in accordance with the relevant provisions of the "Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China" (hereinafter referred to as the "Interpretation of the Criminal Procedure" in 2012)，The referee Bet365 lotto review in the second instance of the case violates the suspect of the principle of non -confession。2012 "Interpretation of the Criminal Contaement" Article 325 1、3 provisions: "The defendant or its legal agent、Defender、Cases of appealing by close relatives，No punishment from the defendant，The original judgment was imposed on the defendant's crime and punishment，No punishment to decide to execute，No punishment for a crime in the crime is not allowed。"" So，In the case where the defendant appeals only，The second instance merged the number of sins determined by the original judgment into the first crime，Even if the total punishment is not aggravated, a criminal penalty cannot be aggravated。but，Different opinions believe that when the final execution penalty is not adverse to the appellant，From the perspective of saving judicial resources, it shall be allowed to merge the number of courts in the second instance into one crime，Increased punishment of a single crime without exacerbating punishment。The typical significance of the case lies in，New and old judicial interpretation of the starting point and value qualitative of the principle of non -junior jurisprudence have changed，​​This case occurred during the connection between the new and old judicial interpretation，It reflects the collision of different theoretical and practical viewpoints。So，It is necessary to clarify the conversion logic of the concept of the principle of not sentenced to the principle of sentences of the appeal without sentence，Make sure good legal effects and social effects in judicial practice。

First，Introduction is not essentially not conducive to the defendant principle。The starting point of the principle of non -prison for the appeal is to eliminate the concerns of the defendant's appeal。If the appeal to the defendant is not a interest but a more stringent punishment，So the possibility of the defendant exercising the right to appeal is almost zero。For this，Whether Bet365 lotto review the psychological burden of the defendant's exercise of the right to appeal is the core of the principle of no sentence to sentence。2012 "Interpretation of the Criminal Control" Article 325 Article 1、3 of the 3 "not aggravating the defendant's punishment" is a direct manifestation of the principle of appeal without sentence，At the same time, "the original sentence" the original sentence implemented the number of crimes on the defendant，No punishment to decide to execute，Not to aggravate a punishment in a crime "understanding" understanding，It means that the court of second instance not only must not aggravate the final execution punishment，No punishment for a single crime must not be aggravated。Visible，2012 "Interpretation of the Criminal Container" in the "Interpretation of the Criminal Container" that does not add the principle of punishment of the sentence is to limit public power，More specifies to specify the specific operation method of the principle of appeal without punishment from the perspective of regulating the trial rights of the second instance court，Then the purpose of eliminating the burden on the defendant's appeal。

The difference is，2021 "Interpretation of the Criminal Contaement" changes in the requirements of the principle of non -prison in the appeal.，Article 401 1、3 models clearly stipulate: "Hearing the defendant or its legal agent、Defender、Cases of appealing by close relatives，Do not make a substantial adverse judgment on the defendant’s punishment，Improper crimes determined by the original judgment，Can change the number of crimes，Adjust the punishment，But the punishment that must not be aggravated or adversely affects the execution of the punishment。"can be seen that the" substantial disadvantage "," not to aggravate the penalty of the decision or the execution of the punishment "，and adjust the operation method of the second instance under the condition of the number of crimes。Taking "substantial unfavorable judgment", "no punishment that must not be aggravated, or adverse effects on the execution of punishment" as an example，2021 "Interpretation of the Criminal Contaement" to the principle of the non -prison of the appeal bet365 best casino games is even more attractive，To emphasize whether the results of the second instance referee are more than the defendant to describe what situation is not conducive to the defendant.。If the final execution punishment Bet365 lotto review in the second instance is not aggravated, the defendant burdens，Even if the court in the second instance increased the punishment of a crime，It should not be prohibited for violation of the principle of non -appealing without punishment。

Another，2012 "Interpretation of the Criminal Control" does not specifically clarify how to operate when the number of confession of the original sentence Bet365 lotto review in the second instance，Whether it is the original judgment，The number of modified judgment in the second instance, but the punishment for the decision is lower than the original judgment，Still the crime of the original judgment，The number of modifications of the second instance reduces the number of guilt at the same time.，But the punishment decided to execute is lower than the original judgment，You can only mechanically apply "punishment of a certain crime in the crime"。It is based on the judgment that cannot be substantially not conducive to the defendant principle，2021 "Interpretation of the Criminal Contae" Article 401, paragraph 3, allows the number of courts to change the number of crimes in the case of improper crimes in the first instance court，Adjust the punishment，Adjustment of the punishment here contains a crime of punishment also includes the final decision to execute the punishment，But the principles that the two need to follow the principles that need to be complied with are different，Adjustment of individual crimes can be used or down，The punishment that decides to execute can only be taken down。In other words，The increase in the punishment of crime does not violate the principle of appeal with the core concept of "not essentially not conducive to the defendant"。

Next，The criteria for judging the principle of defendant are not essentially not conducive to the defendant principle。According to the 2021 "Interpretation of the Criminal Control", it can be known，It must bet365 live casino games not be derived from the defendant's standards for three，First, the leading standard is "no substantial disadvantage to the defendant's punishment"，This standard is applicable to the situation where all appeals are not sentenced，Among them, "essence" refers to the unfavorable punishment that the defendant's ultimately assumed，The process focused on the result rather than the result of the result。Er and Third are improper crimes determined by the original judgment，In the case of changing crimes Bet365 lotto review in the second instance, the specific detailed refinement of the request of the defendant's punishment cannot be made。Its "no punishment for decision to execute"，This standard mainly focuses on whether the punishment "essence" on the "essence" of the second trial judgment is more than the first trial，Taking the second trial judgment itself as the main object，It is a relatively static standard; the second "must not increase the execution of punishment" is a relatively dynamic standard，Pay attention to whether the execution procedure judged in the second instance is more unfavorable compared to whether the first instance is compared with the first instance，ie 2021 "Interpretation of the Criminal Control Article 401 4、6 of the contents stipulated in the 6 paragraphs "The original sentence announced the probation of the defendant，Do not cancel the probation period or extend the test period of probation; the original sentence has no restriction on the execution of the defendant's death penalty.、Decided on life imprisonment，Do not limit the reduction、Determined for life imprisonment "。

but，This article believes that in addition，No defendant was sentenced to intentional homicide in the original trial、Explosion、robbery、Rape、Abduction、Fire、Putting a hazardous substance or an organized violent crime of any crime of more than 10 years in prison for punishment，The court of the second instance cannot be sentenced to more than 10 years of prison in prison for more than 10 years.，Even if the total sentence Bet365 lotto review is not unfavorable to the defendant or allowed。Because Article 81 of the Criminal Law stipulates: "Disdible and due to intentional homicide、Rape、robbery、Abduction、Fire、Explosion、Destructable substances or organized violent crimes were sentenced to more than ten years in prison for more than ten years、Criminals who are not in prison，No parole release。"Even if the judgment of the court Bet365 lotto review in the second instance did not worsen the punishment of the decision，But the adjustment of the above 8 types of punishment has deprived the defendant's parole opportunity in the process of punishment。So，The second trial judgment is prohibited from aggravating the above eight types of crime period to more than 10 years.。

Last，Reality of the benefits of litigation。Considering that my country's court has the power to start the trial supervision procedure of criminal case trials in our court，This also led to the introduction of the 2021 "Interpretation of the Criminal Procedure"，The court of the second instance was in the face of similar situations in this case，If you choose to strictly follow the provisions of the 2012 Criminal Control Explanation，Either maintains the original judgment but damage the justice of judicialness; or after the original judgment is maintained, the judgment supervision procedure is changed, but the efficiency of litigation isted。The court of the second instance usually chooses the latter when facing the obvious error.，This is the case，Not only cannot play the error correction function of the second trial，Instead, you need to consume a lot of judicial resources to launch the retrial procedure error。For details，The defendant guarded by the Principles of the Appeals will not be imprisoned by the prison.，When the court of second instance tried to make the defendant's favorable judgment, but had to pass a longer trial supervision procedure。So，2012 "Interpretation of the Criminal Procedure" that the appeal does not add prosecution. When facing a similar situation in this case, it can be described as no benefit but increased consumption，bet365 best casino games Until 2021 "Interpretation of the Criminal Control"，It is clear that the court of second instance can directly safeguard the defendant's substantial interests，Not only saves scarce judicial resources，It also makes justice not to be late。

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