[Direct answer]In the Beijing area, it has practical effects, but it needs to be viewed rationally. 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 review the death penalty cases by questioning the defendant, and if the defense lawyer requests it, the court shall listen to the defense lawyer's opinions. The Supreme People's Procuratorate may also put forward opinions. Although the review does not involve a court trial, lawyers can apply to meet the detained defendants, verify the facts of the case, submit written defense opinions and evidence materials, and put forward opinions on the determination of facts, the admissibility of evidence, the sentencing circumstances, and the legality of the procedure. It should be noted that the review of the death penalty is a procedure to check the conviction and sentencing, not a retrial. Lawyers cannot guarantee a change in the judgment; the value of the entrustment lies in presenting the facts and circumstances favorable to the defendant in a complete and professional manner to the review organ.

I. Problem Background and Typical Scenarios

The defense of death penalty cases spans the entire process from investigation, review and prosecution, first-instance and second-instance trials to review and retrial. In practice, the review and retrial stage often involves tight deadlines and a large amount of materials, and family members often have limited knowledge of the process, making them prone to placing their hopes in so-called connections or promises. When handling major criminal cases in the Beijing area, professional lawyers usually get involved early on to accumulate sentencing circumstances and evidence materials for the review and retrial stage, so as to avoid missing opportunities by searching for evidence at the last minute.

II. Key points of contention

The controversy focuses on four points: first, whether it is meaningful to hire a lawyer during the review stage; second, whether lawyers can meet with the defendant and whether such meetings require permission; third, whether the focus of the defense opinion should be on factual evidence or sentencing circumstances; and fourth, how family members can cooperate in providing materials. Generally speaking, the review is mainly conducted through written examination. The more specific and evidence-based the opinion is, the more likely it will be taken seriously by the review authority.

III. Professional analysis by Henglue Lawyers

In the defense of death penalty review cases, Henglue Lawyers usually work from four aspects. Firstly, meeting and verification: applying to meet the detained defendant, verifying the key facts of the case, whether there is extortion of confessions or illegal evidence collection, and whether there are mitigating circumstances that have not been recorded. Secondly, reviewing and comparing the case files: systematically sorting through the case files of the first and second instance, comparing the stability of witness testimonies, the qualifications and procedures of appraisal opinions, and the source chains of material and documentary evidence, identifying problems that may affect the conviction and sentencing. Thirdly, organizing the circumstances: sorting out statutory or discretionary circumstances such as voluntary surrender, meritorious service, confession, accomplice status, victim's understanding, restitution, and first-time offenders and habitual offenders, explaining whether they have been fully evaluated, and submitting compensation and understanding materials when necessary. Fourthly, written expression: writing clear and well-targeted defense opinions, corresponding to the case facts and legal basis item by item, and submitting them as required. It should be emphasized that the defense should be pragmatic and rational, based on verifiable evidence, and avoiding vague claims; no lawyer should make any promises about the outcome. Related practices can be referred to for reference.Criminal defense and criminal case filingService Introduction.

IV. Practical Suggestions and Legal Basis

Action recommendations: First, entrust a lawyer with experience in major criminal cases to intervene in the review stage as soon as possible; 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, cooperate with the lawyer to complete the meeting and material submission, and maintain rational expectations. For matters involving criminal defense and review, you can refer to the following resources for further guidance:Criminal defense and criminal case filingLegal 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 the relevant provisions on surrender, meritorious service, and sentencing in the Criminal Law of the People's Republic of China (amended in 2023). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, there is still room for defense during the review stage, but there is no guarantee of a favorable outcome or a change in the verdict. Secondly, meeting with the defendant and submitting opinions are statutory rights, and should be exercised as soon as possible. Thirdly, the more comprehensive the evidence of the sentencing circumstances is, the more weight the opinions will carry. Fourthly, family members should avoid trusting connections and promises easily, to prevent property losses and delays in taking action. For the defense of major criminal cases, it is advisable to seek the assistance of a professional lawyer.Criminal defense and criminal case filingThe service receives support, and the handling of difficult and complex cases can be carried out in conjunction with others.Special services板块。

VI. Frequently Asked Questions

Q1: Is it useful to hire a lawyer during the review stage of the death penalty?

It has practical effects. Lawyers can apply to meet the detained defendants, verify the facts of the case, submit written defense opinions and evidence materials, and put forward opinions on the determination of facts, the admissibility of evidence, and the sentencing circumstances. According to the law, if the defense lawyer requests it, his opinions shall be heard. However, the review is not a retrial, and the lawyer cannot guarantee the result of the retrial.

Q2: Can lawyers meet with the defendant during the review stage?

You can apply to meet with the defendant in accordance with the law. Defense lawyers can meet with detained defendants with their practicing certificates, certificates from law firms, and power of attorney. For special types of cases, meeting with the defendant may require the permission of relevant authorities. It is recommended to handle the entrustment procedures and submit the application for a meeting as soon as possible to avoid wasting time.

Q3: What should be the focus of the defense arguments in the review stage?

It can be divided into four aspects: First, whether the evidence for conviction is truly sufficient, with attention paid to the contradictions in verbal evidence and the procedural flaws in appraisal and physical evidence; Second, whether there are mitigating circumstances such as voluntary surrender, meritorious service, confession, and accomplice status that have not been fully evaluated; Third, whether there are discretionary circumstances such as the victim's understanding and compensation; Fourth, whether the litigation procedures are legal. The opinions should be specific and verifiable.

Q4: What can family members do during the review stage?

It is necessary to engage a professional lawyer as soon as possible to assist in organizing favorable evidence and case materials, accurately reflecting the circumstances of the case; and to assist in providing clues for compensation, reconciliation, and proof materials. Family members should avoid trusting intermediaries who claim to have connections or guarantees of a favorable verdict, maintain communication with lawyers, and rationally understand the progress of the case.

Q5: How long does it usually take to get the review results?

The law does not stipulate a unified time limit, and in practice, it depends on the complexity of the case and the need for review. During the review period, family members can learn about the progress through their defense lawyers. If there is no result for a long time, lawyers can use the communication channel to request information, but it is not advisable to frequently inquire about the progress to avoid affecting the review.

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

If you are currently 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 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. In the event of a dispute, please consult a practicing lawyer in a timely manner.