[Direct answer]It is usually necessary. The review of the death penalty, which is approved by the Supreme People's Court, is the final check on the facts, evidence, and application of the law. The defense in the review process has its own independent rules and focuses of attention, which is not a simple repetition of the first and second trials. If the original defense attorney is familiar with the case and can continue to serve, the defense can be continued; but in the review stage, it is necessary to review the case files comprehensively again, check the evidence, and write targeted opinions. It is more efficient for lawyers who are familiar with the review practice to handle it alone or in cooperation with the original defense attorney. For the family members, the key is to ensure that someone continues to follow up and submit opinions in a timely manner during the review stage, rather than letting the process run in vain.

I. Problem background and typical scenarios

After the second-instance court upheld the death sentence, the case entered the review process. This stage does not hold public hearings, and family members cannot see the progress, which easily leads to two misunderstandings: first, they may think that the verdict is final and it doesn't matter whether they hire a lawyer or not; second, they may continue to use the original defense attorney without confirming whether he or she will continue to perform his or her duties. In reality, there is still work to be done during the review stage, and the time window is limited. Once it is missed, it will be difficult to make up for it.

II. Key points of contention

First, the relationship between the defense during the review stage and the original trial - whether it can be continued or whether it needs to be replaced; Second, the focus of the defense during the review stage and how it differs from the first and second trials; Third, the time arrangement - when is the most appropriate time to get involved; Fourth, the fees and expectations - how to avoid unrealistic promises; Fifth, the way in which family members cooperate in this process.

III. Professional analysis by Henglue Lawyers

At the first level, the review stage has independent defense value. The review organ will conduct a comprehensive review of the fact determination, the admissibility of evidence, the legality of the procedure, and the sentencing circumstances. If the defense opinion can accurately point out the doubts and omitted circumstances, it may affect the review conclusion. Unlike the second instance, the review stage does not need to focus on the grounds of appeal, but should reassess the case from the perspective of a comprehensive review.

The second layer, whether it is necessary to replace or appoint a new attorney separately, depends on three factors: whether the original attorney is familiar with the review procedures and rules, and whether they can continue to perform their duties effectively; whether there is new evidence or circumstances in the case that require reorganization; and whether the communication between the family and the attorney is smooth. If the original attorney meets all these conditions, continuing with them is a more cost-effective choice; if there are obvious shortcomings, it is more prudent to appoint a new attorney or supplement the existing team with professional expertise on the basis of continuing with the original attorney.

The third layer is that it's better to arrange things earlier rather than later in terms of time. The review stage, including marking the papers, meeting with the client, and writing opinions, all require time. Especially for cases with voluminous case files, the earlier you get involved, the more relaxed you will be. Families should confirm the defense arrangements as soon as possible after the judgment takes effect, so as to avoid compressing the preparation time due to waiting.

Fourthly, the fees and expectations should be rational. Reviewing the workload is a time-consuming and responsible task, and the fees charged are usually higher than those for ordinary criminal defense, which falls within the scope of market regulation. Families should require law firms to provide a written service list and stage arrangements, clarifying the specific content of reviewing case files, meeting with clients, submitting opinions, and communicating with them; any quotes promising results should be avoided. The value of defense lies in identifying problems and presenting the facts truthfully, rather than guaranteeing the outcome.

IV. Practical suggestions and legal basis

First, confirm the defense arrangements for the review stage as soon as possible after the second-instance judgment takes effect, and clarify who will handle the case. Second, verify the review experience and work plan of the handling lawyer, including the time nodes for reviewing the case file and submitting opinions. Third, cooperate with the lawyer to collect materials related to circumstances such as voluntary surrender and meritorious service, and compensation and understanding, and keep the relevant proofs. Fourth, those who meet the conditions may apply for legal aid according to law. Main legal basis: The relevant provisions of the Criminal Procedure Law of the People's Republic of China on the death penalty review procedure and the right to defense; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

Three key points of review commission: Review is the final check, with an independent process and not a repeat of the second trial; intervene early and review the case files early, especially for large case files, which require more time; check the service list for fees, and the promised results are not reliable. For cases involving death penalty review and major criminal defense, you can contact us for assistance.Criminal defense and criminal case filingThe service obtains a comprehensive solution, which involves civil compensation that can be combined with other measures.Personal injury and medical disputesFor panels involving appeals and retrials, you can refer to the following materials for referenceSpecial servicesFor the column, if you need a comprehensive solution, please feel free to consult usBusiness and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: Is it necessary to change lawyers during the review stage?

It's not necessary. If the original attorney is familiar with the review procedure and can continue to perform his duties effectively, he can be retained. However, if the original attorney has shortcomings in terms of experience or time, or if a lawyer who is familiar with the review practice is added to cooperate on the basis of the continuation, it is often more conducive to a comprehensive review and opinion writing.

Q2: What do lawyers mainly do during the review stage?

The main tasks include comprehensively reviewing the examination papers, meeting with detainees to verify their situation, checking the facts and evidence chains, reviewing the legality of the procedures, and writing and submitting substantial defense opinions. At the same time, we will follow up on the communication with the reviewing authorities, and promptly supplement new evidence and sentencing circumstances materials.

Q3: Is it expensive to hire a lawyer to conduct a review independently?

The fees are determined by market regulation, and the review workload is large and the responsibility is heavy, so the fees are usually higher than those for ordinary criminal defense. The specific fees depend on the complexity of the case and the size of the case file. It is recommended to require law firms to provide a written service list and a schedule of phases, clarifying the deliverables of each step.

Q4: How long does the review stage typically last?

There is no strict time limit stipulated by law. In practice, it varies from several months to more than a year, depending on the complexity of the case. It is recommended to agree on a phased communication mechanism with the lawyer to keep track of the progress in time and avoid missing preparation time due to outdated information.

Q5: Can I entrust someone else to handle it if my family members are not in Beijing?

Yes. The entrustment procedures can be signed through online communication, and the lawyer can meet with the client and review the case files in accordance with the law. The method of submitting materials from a different location can be confirmed in advance. Family members should keep the communication records and expense receipts with the lawyer, and organize the case materials according to the lawyer's guidance to ensure effective cooperation.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.