[Direct answer]In the Beijing area, there is no publicly available unified probability for the approval of the death penalty, and the outcome depends on the evidence and circumstances of each case. According to Article 246 of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018), the death penalty must be approved by the Supreme People's Court; cases sentenced to death with a two-year reprieve by intermediate people's courts must be approved by higher people's courts. During the review, the Supreme People's Court will examine whether the facts have been clearly established, whether the evidence is reliable and sufficient, whether the procedures are legal, whether the sentencing is appropriate, and whether there are mitigating circumstances such as voluntary surrender, meritorious service, compensation and reconciliation, victim's fault, or playing a minor role in a joint crime. Where there are doubts about the evidence, unclear facts, illegal procedures, or statutory or discretionary mitigating circumstances, the approval may be denied and the case may be sent back for retrial or a different sentence. Defending death penalty cases requires high professionalism, and families should hire experienced lawyers as early as possible to participate in the review stage and submit opinions based on the evidence and circumstances, rather than relying on so-called probability figures.

I. Problem background and typical scenarios

In cases where the first and second instances both sentence the defendant to death, the period during which the case is submitted to the Supreme People's Court for review represents a critical juncture. Typical circumstances include: the evidence relies primarily on verbal evidence and contains major contradictions; the defendant is a minor player in the joint crime or was coerced by others; the defendant actively compensates the victim and obtains the victim's forgiveness after the crime; or there are circumstances such as voluntary surrender, meritorious service, or the victim's prior fault. The review standards for death penalty cases in Beijing and across the country are strict. Through reviewing case files, conducting meetings, and submitting written opinions, lawyers can promote a re-examination of mitigating circumstances and evidence issues, and strive to secure a judgment of suspended execution of the death penalty or life imprisonment.

II. Key points of dispute

First, the scope and authority of the review of the death penalty review, and how it affects the final outcome. Second, whether the evidence meets the standard of excluding reasonable doubt, and whether there are any doubts. Third, the identification of mitigating circumstances, including voluntary surrender, meritorious service, compensation and understanding, and the victim's fault. Fourth, the distinction of the roles and positions in joint crimes. Fifth, the procedural legality, including evidence collection, appraisal, and trial procedures. These points are the focus of the defense in the review stage.

III. Professional analysis by Henglue Lawyers

Based on Henglu Law Firm's practical experience in handling major criminal cases, the defense during the death penalty review stage typically focuses on four key points. First, a comprehensive review of case materials and evidence: Verifying each piece of physical evidence, documentary evidence, witness statements, defendant's confessions, and expert opinions to identify contradictions and deficiencies in the evidence. Particularly in death penalty cases, the evidence must be conclusive and sufficient, as any doubt may affect the approval of the sentence. Second, identifying mitigating circumstances: Systematically review materials such as voluntary surrender, confessions, meritorious service, admissions of guilt and repentance, and active compensation to victims, to demonstrate that the defendant's subjective malice and personal dangerousness do not warrant immediate execution. Third, analyzing roles in joint crimes: For defendants who are not instigators, organizers, or main perpetrators, argue that their role was relatively minor to seek differential treatment. Fourth, reviewing procedural and legal application: Verifying the legality of evidence collection procedures, the standardization of expert evaluations, and the protection of defense rights during the trial. When necessary, lawyers should also cooperate with families to promote compensation and communication, creating conditions for lenient treatment. There is no fixed "success probability" in death penalty review. Only by thoroughly understanding the facts and circumstances of each case can lawyers gain room for negotiation.

IV. Practical suggestions and legal basis

Action list: First, as soon as possible, entrust a lawyer with experience in death penalty cases to participate in the review stage; Second, sort out the mitigating circumstances and evidence such as voluntary surrender, meritorious service, compensation and reconciliation, and the victim's fault; Third, cooperate with the lawyer to review the case file and attend the meeting, and check whether the statements are inconsistent with the evidence; Fourth, promote communication and compensation with the victim to obtain their understanding; Fifth, promptly submit written opinions on procedural violations and evidence defects. Legal basis: Articles 246, 247, and 250 of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018), and the provisions of the Criminal Law of the People's Republic of China on voluntary surrender, meritorious service, and the application of the death penalty. For the defense of death penalty cases, you can refer to the relevant provisions.Criminal defense and criminal case filingServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, there is no publicly available "probability of non-approval", and the differences between individual cases are enormous. Secondly, whether the evidence is questionable is the key issue in the review stage, and it is necessary to verify each item one by one. Thirdly, mitigating circumstances require evidence to support them, and they cannot just be oral statements. Fourthly, compensation and understanding have a substantial impact on the outcome, and efforts should be made to promote them as soon as possible. Fifthly, the procedural requirements for death penalty cases are strict, and any flaws may become key points for defense. Matters involving property and execution can be combined together.Creditor's rights and debts, and enforcementFor cases involving personal injury compensation, you can refer to the relevant provisions in the "General Principles of the Civil Law of the People's Republic of China".Personal injury and medical disputesFor any questions regarding corporate compliance and criminal risk prevention, please feel free to consult us.Business and contract disputes in enterprisesThe team can assist with other difficult cases as neededSpecial services.

VI. Frequently Asked Questions

Q1: What is the probability of the death penalty not being approved?

There is no publicly available unified probability. The review of the death penalty is a case-by-case review, and the outcome depends on whether the evidence is truly sufficient, the severity of the crime, the existence of mitigating circumstances, and the legality of the procedure. Any claim that a fixed probability exists is unreliable. Professional lawyers should evaluate the case and seek room for improvement based on the specific circumstances.

Q2: What is the procedure for the review of a death sentence?

According to Articles 246 and 247 of the Criminal Procedure Law of the People's Republic of China, the death penalty shall be approved by the Supreme People's Court, and the intermediate people's courts shall sentence the death penalty with a two-year suspension of execution, which shall be approved by the higher people's courts. During the review period, the Supreme People's Court will review the facts, evidence, procedures, and sentencing, and if necessary, will interrogate the defendant and listen to the defense opinions.

Q3: What are the mitigating circumstances in the review of the death penalty?

These include surrendering oneself to the authorities, making meritorious contributions, confessing guilt, admitting guilt and showing remorse, actively compensating the victim and obtaining the victim's forgiveness, the victim's fault, playing a minor role in a joint crime, and being a first-time or occasional offender. The above circumstances must be supported by evidence and can affect whether the death penalty is approved and whether the sentence is changed to a suspended death sentence or life imprisonment.

Q4: What can lawyers do during the review stage of the death penalty case?

Lawyers can review the case files, meet with the defendant, collect favorable evidence, submit written defense opinions, raise claims regarding contradictions in the evidence, mitigating circumstances, and procedural legality, and cooperate with the family to promote compensation and understanding. Timely and professional intervention can help safeguard the defendant's litigation rights and strive for differential treatment.

Q5: What can family members do to cooperate with the treatment?

The family should hire a lawyer as soon as possible, provide materials such as the defendant's growth experience, consistent behavior, and family situation, actively communicate with the victim about compensation and strive for their understanding, and at the same time, preserve relevant evidence. All communication and compensation should be carried out under the guidance of a lawyer to avoid inappropriate words and actions that may affect the case.

The above answer is based on the judicial practice in the Beijing area. The adjudication standards 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 open 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.