被告人上诉后,如果意识到一审判决属于重罪轻判,往往会申请撤回上诉,二审法院是否应该准许?《最高人民法院关于适用<中华人民共和国刑事诉讼法>的解释》第三百零五条规定了轻罪重判等情形不准许被告人撤诉,但重罪轻判的情况下是否应准许被告人撤回上诉,实践中多有争议,相关法律和司法解释亦未明确。本文笔者结合工作实践,对是否应准许重罪轻判的被告人撤回上诉进行探讨,力求促进二审被告人撤诉问题在司法实践中得到妥善处理。 After the defendant appeals, if it realizes that the verdict of first instance belongs to the felony aggrandizement, it often applies for withdrawing the appeal. Should the court of second instance permit it? "The Supreme People’s Court, Article 305 of the Interpretation on the Application of the Criminal Procedure Law of the People’s Republic of China Provided for cases such as misdemeanors and heavy sentences did not allow the defendant to withdraw the case. However, whether the defendant should withdraw the appeal in the case of felony misdemeanor is controversial in practice. The relevant laws and judicial interpretations are also not clear. In this paper, the author combines his work practice to discuss whether to withdraw the appeal from the defendant in felony conviction and try to promote the issue of withdrawal of the second instance defendant in the judicial practice.