⚖️【Legal Insight】Criminal Appeals Are Not Always a Good Idea!

#RisksOfCriminalAppeals #ConsultYourLawyerBeforeAppealing

When facing an unfavorable criminal judgment, many people instinctively think:

“I’m going to appeal!”

But do you know? In criminal cases, an appeal is a double-edged sword—it does not always work in your favor.

🔍 Common Misunderstandings:

• “If I’m not satisfied, I should appeal.”

• “Appealing always gives a chance for a lighter sentence!”

✅ In reality, many defendants receive relatively light sentences in the first trial, but end up with heavier penalties after appealing.

✅ Origins of the misunderstanding:

Article 370, Paragraph 1 of the Taiwan Code of Criminal Procedure provides a principle called the “Prohibition of Disadvantageous Change”, meaning:

“If the appeal is filed by the defendant or for the benefit of the defendant, the second instance court shall not impose a more severe sentence than the original judgment.”

⚠️ However, the proviso of Article 370 states:

“If the original judgment is reversed because of an incorrect application of law, this restriction does not apply.”

In other words, if the prosecutor appeals, or both the defendant and prosecutor appeal, the appellate court can impose a heavier sentence.

⚠️ Major Risks of Criminal Appeals:

❗ If the prosecutor appeals, the court may increase the sentence.

Even if the defendant appeals alone, if the court deems the first-instance decision to have applied the wrong law, a harsher sentence is still possible.

❗ Court may reassess legal classification and increase charges.

For example, the defendant may have been convicted as an accessory to fraud in the first trial. Upon appeal, the higher court might reclassify them as a co-principal offender, or find the act meets aggravated conditions (e.g., committing the offense in a group of three or more / involving organized crime), resulting in a heavier sentence.

❗ Sentencing leniency under Article 59 of the Criminal Code might be revoked.

Article 59 states that if a crime is clearly worthy of leniency, the court may reduce the sentence. However, if the appellate court disagrees and finds the situation not deserving of leniency, it may reverse the original judgment and reimpose a heavier penalty under the same Article 370.

❗ Appeals take time, energy, and money.

Appeal procedures are time-consuming, often resulting in more hearings, increased legal fees, and greater emotional stress.

❗ If a harsher sentence is imposed by the appellate court, it’s very hard to overturn it in the Supreme Court.

Under current law, appeals to the third instance (Supreme Court) are only allowed for legal violations.

Sentencing is within the discretion of the fact-finding court, and unless there is an obvious violation of proportionality or equality principles, you cannot appeal to the Supreme Court solely based on the sentence being too heavy.

(See Supreme Court Ruling 106-Tai-Fei-66)

📌 Lawyer’s Advice:

✅ Before filing an appeal, carefully evaluate:

• The reasoning behind the judgment

• Strength of the evidence

• Whether the sentence was already light

• Whether the prosecutor might also appeal

✅ Sometimes, accepting a lighter first-instance ruling may be better than taking the risk of appeal.

✅ Always consult a lawyer first, assess your chances and risks, and make the most strategic decision.

🗣️ If you or someone you know is facing a criminal judgment and unsure whether to appeal, feel free to message a lawyer for a consultation.

Don’t let frustration turn into regret.