[Direct answer]It plays an important role. According to the provisions of the Criminal Procedure Law of the People's Republic of China (amended in 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, and the Supreme People's Procuratorate may also put forward opinions. Although the review does not involve a trial, the defense lawyer's opinions are an important reference for the reviewing judge to review the facts, evidence, and sentencing. The lawyer may submit written opinions on whether the facts have been clearly identified, whether the evidence is truly sufficient, whether there are statutory or discretionary mitigating circumstances, and whether the litigation procedures are legal, and may also apply to meet with the detained defendant. It should be noted that the review of the death penalty is not a retrial and cannot guarantee any outcome. The focus of the defense is to identify issues that actually affect the conviction and sentencing.

I. Problem Background and Typical Scenarios

In death penalty cases, families often realize the importance of the review stage only after the second-instance verdict is upheld, by which time the timeframe for execution may be very limited. Common situations include unclear distinctions in the roles of co-perpetrators in a crime, questionable appraisal opinions, insufficient evaluation of circumstances such as the victim's forgiveness or compensation, and circumstances such as voluntary surrender and meritorious service that were not given due attention in the early stages. When handling major criminal cases in the Beijing area, professional lawyers usually maintain continuous involvement at the investigation, review of prosecution, and trial stages to accumulate favorable materials for the review stage.

II. Key points of contention

The disagreements focus on four points: Firstly, whether defense opinions are heard during the review stage and whether lawyers can meet with their clients; Secondly, the scope and focus of the review, whether the facts and evidence will be reviewed comprehensively again; Thirdly, which circumstances constitute key factors that may affect the outcome of the review; Fourthly, the form and timing of submitting opinions. Generally speaking, the review is mainly conducted in writing. The more specific and evidence-based the defense opinions are, the more likely they will be accepted.

III. Professional analysis by Henglue Law Firm

When handling major criminal cases, Henglue Lawyers usually organize defense opinions for the review stage from three aspects. Firstly, facts and evidence: Check whether the evidence for conviction is truly sufficient, pay attention to the stability of verbal evidence, the qualifications and procedures of appraisal opinions, and the source chain of material and documentary evidence. For conflicting evidence, submit a comparison explanation. Secondly, sentencing circumstances: Sort out statutory or discretionary circumstances such as voluntary surrender, meritorious service, confession, victim's forgiveness, restitution, first-time offenders, and accomplices, and explain whether they have been fully evaluated in the judgment. If necessary, supplementary compensation and forgiveness materials should be submitted. Thirdly, procedural legality: Review whether there are violations of legal procedures, restrictions on defense rights, or doubts about the legality of evidence at the investigation, review of prosecution, and trial stages. In addition, lawyers can apply to meet with the defendant to verify the situation and submit written opinions and evidence materials in a timely and complete manner. It should be emphasized that the defense at the review stage should be rational and pragmatic, focusing on verifiable facts and evidence, and avoiding vague claims. For the overall defense strategy of such major criminal cases, reference can be made to the following:Criminal defense and criminal case filingService Introduction.

IV. Practical suggestions and legal basis

Action suggestions: First, entrust a lawyer to intervene in the review stage of the death penalty case as early as possible, and prepare appeal materials simultaneously when necessary; Second, organize and supplement evidence of mitigating circumstances such as voluntary surrender and meritorious service, compensation and understanding, and accomplice status; Third, verify the legality and authenticity of appraisal opinions and key evidence; Fourth, express opinions in full through written opinions and apply for a meeting with the detained defendant. For matters involving criminal defense and review, you can refer to the following materials for reference:Criminal defense and criminal case filingLegal basis: The provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018) on the review procedure for the death penalty, and the relevant provisions of the Criminal Law of the People's Republic of China (amended in 2023) on surrender, meritorious service, and sentencing. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the review of the death penalty is a special procedure, the focus of which is on correcting mistakes and ensuring fairness, rather than conducting a new trial. Secondly, defense opinions must be supported by evidence, and mere arguments alone are unlikely to have much impact. Thirdly, no lawyer should make any promises about the outcome, and family members should view the matter rationally. Fourthly, the evidence and circumstances accumulated during the earlier stages directly affect the scope of the review. For the defense of major criminal cases, lawyers may seek assistance from the Supreme People's Court or the Supreme People's Procuratorate.Criminal defense and criminal case filingThe service receives support, and the handling of difficult and complex cases can be carried out in conjunction with other departments.Special services板块。

VI. Frequently Asked Questions

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

You can submit written defense opinions, apply for a meeting with the detained defendant, verify the facts and evidence, sort out the mitigating circumstances such as voluntary surrender and compensation and understanding, and review the legality of the proceedings. According to the law, if the defense lawyer requests it, the court shall listen to his or her opinions. The role of a lawyer is to put forward verifiable opinions in accordance with the law, but there is no guarantee of the outcome.

Q2: Will there be a hearing for the review of the death penalty case?

The review of the death penalty generally does not hold a court hearing and is mainly conducted through written review, but the defendant should be interrogated. Lawyers can participate through written opinions and evidence materials, and apply for a meeting if necessary. Unlike the first and second trials, its function focuses on checking the facts, the application of the law, and the procedures.

Q3: Can I submit new evidence during the review stage?

It can be submitted. For new evidence or supplementary materials that have an impact on the conviction and sentencing value, such as compensation agreements and receipts, letters of understanding, clues to meritorious service, and evidence of the role and status in a joint crime, etc., they should be submitted in a timely manner and the sources and purposes of the evidence should be explained. The reviewing organ will review and judge the evidence accordingly.

Q4: Can the circumstances of being an accomplice or surrendering voluntarily affect the outcome of the review?

It may have an impact. In a joint crime, those who play a less significant role, have surrendered voluntarily, confessed their crimes, actively compensated for the losses and obtained the victim's forgiveness, shall be considered as factors to be taken into account when sentencing. During the review, emphasis should be placed on whether these circumstances have been fully evaluated in the judgment and corresponding evidence should be submitted to support this.

Q5: What can family members do during the review stage?

It is necessary to entrust a professional lawyer to intervene as soon as possible, cooperate in organizing favorable evidence and case materials, and truthfully report the situation to the lawyer. Family members should avoid trusting intermediaries who promise to arrange connections or change the verdict, so as to prevent property losses. At the same time, maintain communication with the lawyer, rationally understand the progress of the procedure and possible outcomes.

The above answer is based on the judicial practice in Beijing. 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 relevant evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu 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. In case of disputes, please consult a practicing lawyer in time.