[Direct answer]In the Beijing area, cases will proceed to one of two types of processing: either being sent back for retrial, or being directly resentenced. When the Supreme People's Court reviews death penalty cases, it shall make a ruling either to approve or not to approve the death penalty; where the death penalty is not approved, the Supreme People's Court may either send the case back for retrial or issue a new sentence. In the case of retrial, the original trial court or another court designated by it shall retry the case in accordance with the original trial procedures, and the death penalty may be changed to a two-year suspended execution of the death penalty, life imprisonment, or fixed-term imprisonment; where the sentence is directly changed, the execution shall be carried out in accordance with the result of the change. Therefore, the non-approval of the death penalty does not mean that the case is concluded, and the defendant and his family still need to continue to defend themselves in the retrial or resentencing process.

1. Problem background and typical scenarios

After the defendant was sentenced to death in both the first and second instance, the case was submitted to the Supreme People's Court for approval. Families often regard this as the "last hurdle": what if the approval is granted, and what if it's denied? Some people believe that a denial of approval means "acquittal", while others are unaware of the subsequent procedures that need to be followed. In fact, the denial of approval reflects the need to correct errors and exercise caution in sentencing, but it usually just means that the case will be "sent back" for re-processing, and professional defense will still be required in the follow-up process.

II. Key points of contention

First, the approval authority and process of the review of the death penalty. Second, the two ways of handling the case when the review is not approved. Third, the procedure and possible outcomes of the case being sent back for retrial. Fourth, the key points of defense during the review stage.

III. Professional analysis by Henglue Lawyers

The first level: Who approves and how to report to the Supreme People's Court: The death penalty is approved by the Supreme People's Court; for first-instance cases sentenced to death by intermediate people's courts, if the defendant does not appeal, the case shall be reviewed by the higher people's court and then submitted to the Supreme People's Court for approval; for first-instance cases sentenced to death by higher people's courts where the defendant does not appeal, and for second-instance cases sentenced to death, they shall all be submitted to the Supreme People's Court for approval. The second level: Two handling methods for non-approval: The Supreme People's Court shall review death penalty cases and make a decision to approve or not approve the death penalty; for those not approved, the Supreme People's Court may either remand the case for rehearing or issue a new judgment. The third level: Possible outcomes after remand for rehearing: The case is usually remanded to the original court or another court designated by it for rehearing according to the original trial procedures. In practice, the sentence may be changed to a suspended death sentence of two years, life imprisonment, or fixed-term imprisonment; rehearing does not necessarily mean a lighter sentence, and full defense is still needed around the facts, evidence, and sentencing circumstances. The fourth level: Key points of defense during the review stage: When the Supreme People's Court reviews death penalty cases, it shall interrogate the defendant and, if requested by the defense attorney, shall listen to the defense attorney's opinions; the attorney may raise issues such as doubts about the facts, insufficient evidence, relatively minor roles in joint crimes, voluntary surrender and meritorious service, victim's forgiveness, and repentance to argue against approval. At the same time, it should be understood that the policies of "not killing when it is not necessary to kill" and "striking a balance between leniency and severity" do not exclude the approval of death sentences for extremely serious crimes, so defense must be rooted in the case itself. Attorney Liu Liqiang of our firm has always focused on facts and evidence in the defense of serious crimes such as intentional homicide and in the representation of accompanying civil litigation, which is also the basic skill of defending death penalty cases.

IV. Practical Suggestions and Legal Basis

The first step is to appoint a professional lawyer in a timely manner during the review stage to sort out the doubts in the case facts and evidence. The second step is to organize materials and submit written opinions around the statutory and discretionary mitigating circumstances. The third step is to reassess the evidence and sentencing if the case is sent back for retrial, and to prepare for the court hearing. The fourth step is to pay attention to the follow-up appeals and arrangements for commutation of sentence and parole after the verdict is changed. Main legal basis: Article 246 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding the provisions that the death penalty shall be approved by the Supreme People's Court; Article 250 regarding the provisions that after the review, the court shall make a decision of approval or disapproval, and if disapproved, the case may be sent back for retrial or changed; Article 251 regarding the provisions that during the review, the defendant and the defense lawyer shall be interrogated, and the opinions of the defendant and the defense lawyer shall be heard; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

After the disapproval, there are three possible outcomes: either the case will be sent back for rehearing, or the verdict will be directly changed, and the case will not be concluded. If the case is sent back for rehearing, the verdict may be changed to a suspended death sentence, life imprisonment, or fixed-term imprisonment, but a solid defense is still needed. During the review stage, the defendant should be interrogated and the defense lawyer's opinions should be heard. Evidence and sentencing circumstances are key. For cases involving defense against serious crimes and review of the death penalty, you can contact us for assistance.Criminal defenseWe provide a comprehensive solution for services, which involves the integration of evidence and appraisalPersonal injury and medical disputesFor plates involving accompanying civil litigation, you can refer to the relevant provisions.Creditor's rights and debts, and enforcementFor any questions regarding special handling, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Does not approving the death penalty mean that the person is innocent?

No. If the appeal is not approved, it usually means that the case will be sent back for retrial or that the Supreme People's Court will change the verdict, which does not mean that the defendant is innocent.

Q2: What happens to the case if it's not approved?

There are two ways: either send the case back for retrial, or have the Supreme People's Court directly change the verdict.

Q3: What will be changed in the judgment if the case is sent back for review?

The sentence may be changed to a death sentence with a two-year reprieve, life imprisonment, or fixed-term imprisonment, depending on the facts and circumstances established during the retrial.

Q4: Can lawyers provide feedback during the review stage?

Yes. If the defense attorney makes a request, the Supreme People's Court shall listen to his/her opinion and may state the reasons based on the facts, evidence, and sentencing circumstances.

Q5: Is it over if it's not approved?

No. After the retrial or the change of the verdict, it is still necessary to continue the defense, and if necessary, we should also consider subsequent appeal and other legal remedies.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers for specific cases.

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 publicly available 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.