上诉不加刑原则是指对为被告人的利益提出上诉的案件,上诉审法院经过审理决定改判时,只能适用比原判为轻的刑罚,不能适用比原判为重的刑罚,即只能减轻不能加重。上诉不加刑原则是资产阶级革命以后提出来的,它是对封建主将上诉被告人施以酷刑,任意加重刑罚的否定,是资产阶级针对封建主专横的诉讼制度提出来的,无疑是一个历史的进步,它是对被告人行使上诉权的有效的法律保障。上诉不加刑原则最早见诸于刑事诉讼法,例 The principle of appeal without penalty refers to the case of appealing against the interests of the defendant. When the appellate court decides to try the sentence, only the penalty that is lighter than the original sentence can be applied and the penalty that is heavier than the original sentence can not be applied, that is, Can reduce can not be aggravated. The principle of appeal without penalty is put forward after the bourgeois revolution. It is the denial of the arbitration accused by the feudal lord and the arbitrarily aggravating penalty. It is a historic one proposed by the bourgeoisie against the feudal lordism It is an effective legal guarantee for defendants to exercise their right of appeal. The principle of appeals without penalty first appeared in the Code of Criminal Procedure, for example