In short: yes. If you are convicted at first instance, you have 10 days from receiving the written judgment (5 days for a ruling) to appeal to the next higher court — and if only you appeal, the second-instance court cannot make your sentence harsher.
Who can appeal, and how long do you have?
Under Article 227 of the Criminal Procedure Law (CPL), a defendant, a private prosecutor and their legal representatives may appeal against a first-instance judgment or ruling by filing a written or oral appeal with the court one level up. Defence lawyers and close relatives may also appeal, but only with the defendant’s consent.
The deadline is strict. Article 230 gives you 10 days to appeal a judgment and 5 days to appeal a ruling, counted from the day after you receive the written document — not from the day of the hearing. Foreign nationals do not get extra time because they need to contact an embassy, so act immediately.
You can file through the court that heard your case or directly with the appellate court (Article 233).
What happens at the second instance?
The appellate court reviews both the facts and the law. Under Article 236 it can uphold the original judgment; change it if the law was applied wrongly or the sentence was improper; or quash it and send the case back for retrial where the facts are unclear or the evidence is insufficient.
There is also a “no extra punishment on appeal” rule. Article 237 says that when the appeal is brought by the defendant’s side only, the second-instance court may not impose a heavier penalty. The exception: if the prosecutor files a counter-appeal arguing the sentence was too light, the sentence can be increased.
Article 243 requires the second-instance court to conclude the case within two months, extendable in death-penalty or attached-civil cases.
Two practical points. First, an appeal is not a brand-new trial: submit new evidence and clear written arguments rather than simply repeating what you said in court. Second, if the first-instance sentence is death, the case must still be reviewed and approved by the Supreme People’s Court (Article 246), so an appeal is not the only safeguard.
Illustrative scenario (hypothetical): a foreign national is convicted of a non-violent offence in a Chinese city court. He waits two weeks, hoping his company will “sort it out”, before asking a lawyer about appealing. By then the 10-day window has closed. His remaining option is the much harder retrial procedure, which generally requires new facts or serious procedural error. The lesson: appeal fast, or not at all.
Related Reading
- Guides: China Criminal Law Guides
- Must Registered Capital Be Paid In Within 5 Years in China?
- What Is the Punishment for Theft in China?
Frequently asked questions
Q: Who can appeal, and how long do you have?
A: Under Article 227 of the Criminal Procedure Law (CPL), a defendant, a private prosecutor and their legal representatives may appeal against a first-instance judgment or ruling by filing a written or oral appeal with the court one level up. Defence lawyers and close relatives may also appeal, but only with the defendant’s consent. The deadline is strict.
Q: What happens at the second instance?
A: The appellate court reviews both the facts and the law. Under Article 236 it can uphold the original judgment; change it if the law was applied wrongly or the sentence was improper; or quash it and send the case back for retrial where the facts are unclear or the evidence is insufficient. There is also a “no extra punishment on appeal” rule.
Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512