[Direct answer]We will listen. According to the provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018) on the review procedure for the death penalty, the Supreme People's Court shall interrogate the defendant when reviewing death penalty cases; if the defense lawyer requests it, the court shall listen to the defense lawyer's opinions. During the review period, the defense lawyer may also submit written defense opinions and provide relevant evidence or clues. This means that the review of the death penalty is not a simple written review. The lawyer's opinions have the opportunity to enter the review field. In practice, whether the mitigating circumstances that "can be killed or not" can be accurately extracted, whether there are flaws in the facts and evidence, and whether the sentencing circumstances have been fully evaluated will all have a substantial impact on the review result. Therefore, the defense work in the review stage of the death penalty cannot be ignored. Families should entrust professional lawyers to get involved as soon as possible and follow up continuously.

I. Problem Background and Typical Scenarios

The review of death penalty cases is the last procedural step in which the Supreme People's Court exercises the authority to approve the death penalty. Typical situations include: both the first-instance and second-instance courts sentence the defendant to death with immediate execution; after the second-instance court changes the sentence to a suspended death sentence, the procuratorial organ lawfully appeals against the judgment; circumstances such as the defendant's voluntary surrender, meritorious service, the victim's fault, and compensation and understanding are not fully evaluated in the original trial; new evidence clues emerge that may affect the conviction and sentencing; and the defendant's family hopes to strive for non-approval and a change in the sentence. Since there are no court hearings during the review stage, lawyers' work focuses more on written opinions and communication, requiring higher professional standards. When lawyers in Beijing handle such cases, they usually need to review all the evidence of the case and extract the core disputed points.

II. Key points of contention

First, during the review stage, can lawyers meet with the defendant and how to verify the facts of the case? Second, how to present written opinions and what are the effects of hearing opinions? Third, how to present new evidence and circumstances during the review stage? Fourth, whether the facts are clear and whether the evidence meets the standard of being truly sufficient? Fifth, whether there are mitigating circumstances such as voluntary surrender, meritorious service, compensation and reconciliation, or the victim's fault that have been overlooked? Sixth, the handling path and expectations after the review is not approved. These issues constitute the focus of defense during the review stage.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers summarize the defense strategy in the death penalty review stage as "comprehensive review + precise refinement". Firstly, comprehensive review. The review is not a simple repetition of the second-instance trial. Lawyers need to review all the evidence of the case again, pay attention to the source, form, and probative force of each key piece of evidence, and verify whether there are uninvestigated facts or procedural flaws in the evidence collection. Secondly, precise refinement. The opinions in the review stage should focus on a few core disputes and avoid being too general. Typical disputes include: whether the case's nature is accurately defined, such as the distinction between intentional homicide and endangering public safety by dangerous methods; whether the voluntary surrender is established and whether the defendant truthfully confessed the main facts of the crime after appearing in court; whether the victim has any fault and whether the causes of the conflict and the division of responsibilities are accurately identified; and whether the compensation and understanding are genuine and effective. Thirdly, timely communication. Lawyers should actively submit written opinions and attach evidence materials during the review period, and pay attention to the progress of the review. Fourthly, rational expectations. The review results are reviewed and decided by the Supreme People's Court in accordance with the law, and the lawyer's role is to present the favorable facts and legal grounds in a complete and accurate manner. For the families of the defendants, hiring a lawyer as early as possible and providing truthful information is the foundation of ensuring the right to defense.

IV. Practical suggestions and legal basis

Action suggestions: First, entrust a lawyer with criminal defense experience as soon as possible to avoid intervening only when the review period is approaching; Second, provide case materials and possible evidence clues truthfully; Third, cooperate in preparing mitigating materials such as compensation, understanding, and family circumstances; Fourth, maintain communication with the lawyer and view the review results rationally. For related services, please refer to the following link:Criminal defense and criminal case filingAndSpecial servicesColumn. Legal basis: The provisions on the death penalty review procedure in the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018), and the provisions on the conditions for applying the death penalty and the provisions on voluntary surrender and meritorious service in the Criminal Law of the People's Republic of China (amended in 2023 and implemented on March 1, 2024). The specific application shall be subject to the currently effective laws and regulations and judicial judgments.

5. Henglu Law Firm's Reminder

Firstly, there is still room for defense during the review stage, and we should not give up. Secondly, the written opinions should focus on the core disputes, and general appeals are unlikely to be effective. Thirdly, new evidence should be submitted in a timely manner and the sources should be explained to avoid being rejected due to formal issues. Fourthly, family members should remain rational, and any claims about the outcome of the review should not be trusted. If you need defense services during the death penalty review stage, you can contact us throughCriminal defense and criminal case filingAndSpecial servicesFor column consultation, please contact us.Beijing Henglue Law Firm.

VI. Frequently Asked Questions

Q1: What can lawyers do during the review stage of the death penalty case?

The lawyer may request that the Supreme People's Court hear the defense opinions; submit written defense opinions and relevant evidence materials; review all the evidence in the case again and identify the disputed points regarding the nature of the crime and sentencing; pay attention to whether there are mitigating circumstances such as voluntary surrender, meritorious service, and compensation and understanding; and put forward opinions on the legality of the procedure. There will be no court hearings during the review stage, and the focus of the work will be on written opinions and communication.

Q2: How long does the review of the death penalty usually take?

The law does not stipulate a fixed time limit, and the actual duration varies depending on the complexity of the case. During the review period, lawyers should submit their opinions as early as possible to avoid intervening too late when the review is about to end. Family members can learn about the progress through the handling lawyer, but it is not advisable to inquire frequently or interfere with the case. If the review is not approved, the case will be sent back for retrial or a revised verdict in accordance with the law.

Q3: Can new evidence be submitted during the review stage?

It can be submitted, but the source and purpose of the evidence should be explained. New evidence, such as proving that the facts were misidentified, that there were circumstances of voluntary surrender and meritorious service, that the victim was at fault, or that there was a compensation agreement, may affect the review judgment. It is recommended that the lawyer organize the submission and attach explanations to avoid the evidence being rejected due to non-standard formatting.

Q4: What will happen if the review is not approved?

If the Supreme People's Court rules not to approve the death penalty, it may either send the case back for retrial or modify the verdict. In the case of a case sent back for retrial, it will be tried again by the original court or other courts with jurisdiction, and lawyers need to reorganize their defense. Under the circumstances of a modified verdict, it may be changed to a suspended death sentence or other penalties, which will be determined based on the facts of the case and legal provisions.

Q5: What can family members do?

The family should appoint a lawyer as soon as possible and provide the case facts and evidence clues truthfully, cooperate in preparing mitigating materials such as compensation, understanding, and family circumstances; maintain normal communication with the lawyer to understand the progress of the proceedings; avoid believing in the claims of "having connections and being able to handle it", and do not contact the witnesses on their own. Rational cooperation is the basis for the effective exercise of the right to defense.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.