[Direct answer]In the Beijing area, cases are usually sent back for retrial or modified according to the law, and the original death penalty verdict does not take effect or be executed. 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 death penalty review procedure, for first-instance cases sentenced to death by intermediate people's courts, if the defendant does not appeal, the case shall be submitted to the higher people's court for review and then submitted to the Supreme People's Court for approval; for second-instance cases sentenced to death by higher people's courts and cases sentenced to death with a reprieve, they shall be submitted to the Supreme People's Court for approval according to law. When the Supreme People's Court reviews death penalty cases, if it considers that the original judgment correctly identified the facts and applied the law, the sentence was appropriate, and the litigation procedures were legal, it shall rule to approve the judgment; if it considers that the facts are unclear, the evidence is insufficient, the law is applied incorrectly, or the sentence is inappropriate, it may modify the judgment or send the case back for retrial according to law. Therefore, if the review is not passed, the case will not enter the execution process of the death penalty, and the defendant may be sentenced to a lighter punishment or sent back to the lower court for retrial. Although it is a general rule that the execution of the judgment will not be suspended during the review period, the death penalty can only be executed after being approved, so the execution will not take place if it is not approved. The specific procedures shall be subject to the currently effective laws and regulations and judicial rulings.

1. Problem background and typical scenarios

The review of death penalty cases is a special procedure that must be carried out in death penalty cases, and it relates to the application of the most severe punishment. There are three typical scenarios: First, the defendant is sentenced to death and the case enters the review stage by the Supreme People's Court; Second, the review organ believes that there are doubts about the facts or evidence and considers not to approve it; Third, the victim or the defendant is concerned about the impact of the review result on the progress of the case. In the judicial practice of Beijing, the review of death penalty cases emphasizes clear facts, conclusive evidence, and legal procedures. Any doubt in any link may affect the approval result.

II. Key points of contention

First, the initiating subject and scope of application of the review of the death penalty. Second, the way of handling after the review is not approved—whether to change the sentence or send the case back for retrial. Third, how to participate in the review and submit opinions during the review. Fourth, how doubts about the facts and evidence affect the review conclusion. Fifth, the similarities and differences between the review of a suspended death sentence and that of an immediate execution of the death penalty. The core is to understand that the review is not a repeat of the trial, but a strict check on the application of the death penalty, and its conclusion directly determines whether the sentence will be executed.

III. Professional analysis by Henglue Lawyers

Based on the major criminal cases handled by Henglue Law Firm, we can use a real case to illustrate the value of fact and evidence analysis. This case involved a criminal case of intentional homicide with accompanying civil litigation, in which the victim's family entrusted our lawyers to represent them. After accepting the entrustment, our lawyers comprehensively reviewed the materials such as physical evidence, documentary evidence, witness statements, the defendant's confession, appraisal opinions, and on-site investigation records, and conducted a detailed argumentation on issues such as the nature of the crime, subjective intent, voluntary surrender, and sentencing. They advocated for a strict legal punishment for the defendant. The court adopted the relevant opinions and made a judgment, and the accompanying civil litigation also supported reasonable claims. The inspiration from such cases is that in cases involving possible heavy sentences or even the death penalty, a meticulous review of facts and evidence, and an accurate determination of subjective intent and circumstances are often key factors affecting the conviction and sentencing. Regarding the review of death penalty cases, the defense can participate by submitting written opinions, reflecting new circumstances and evidence clues, etc. The review organ will focus on examining whether there are unclear facts, insufficient evidence, procedural violations, or improper sentencing; once the review is not approved, the case will be returned to the lower court for retrial or the review organ will make a legal change to the sentence. The original death penalty judgment will not enter the execution process.

IV. Practical suggestions and legal basis

Action suggestions: First, pay attention to the defense opportunities in the review stage and submit written opinions and evidence clues in a timely manner; Second, sort out possible doubts from four dimensions: facts, evidence, procedures, and sentencing; Third, if it involves the victim's side, simultaneously advance the claim for incidental civil compensation; Fourth, rationally view the review results and understand the follow-up procedures of the change of verdict and the remand for retrial; Fifth, entrust a lawyer who has long handled major criminal cases to intervene. For criminal defense and death penalty review, you can refer to the following materials:Criminal defense and criminal case filingFor cases involving personal injury and compensation claims, you may refer to the following guidelines:Personal injury and medical disputesLegal basis: 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, and the provisions of the Criminal Law of the People's Republic of China (amended in 2020 and implemented on March 1, 2021) on the application of the death penalty. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglue Law Firm's Reminder

First, the death penalty must be approved by the Supreme People's Court before it can be executed. If it is not approved, it will not be executed. Second, the result of not being approved is usually a change of sentence or a remand for retrial. Third, there is still room for defense during the review stage, and written opinions and evidence clues are very important. Fourth, unclear facts, insufficient evidence, procedural violations, or improper sentencing may all affect the approval. For defense in major criminal cases, you can consult a lawyer through the following channels:Criminal defense and criminal case filingThe service acquisition involves the possibility of combining the victim's claims for compensationPersonal injury and medical disputesFor cases involving retrial and appeals, you can refer to the following information for reference.Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: If the review of the death penalty is not approved, will the person be released directly?

No. After the review, the case is usually sent back to the lower court for retrial or the review organ will make a new judgment according to law. The case will still be tried, but it will not enter the execution of the death penalty process.

Q2: Who is responsible for the review of the death penalty?

The authority to approve the immediate execution of the death penalty lies with the Supreme People's Court. For some cases, they are first reviewed by the higher people's courts and then submitted to the Supreme People's Court for approval. For cases involving a death sentence with a reprieve, they are also submitted to the Supreme People's Court for approval in accordance with the law.

Q3: What is usually done if the review fails?

If the review finds that the facts are unclear, the evidence is insufficient, the applicable law is incorrect, or the sentencing is inappropriate, the court may, in accordance with the law, modify the verdict or remand the case for retrial, and the original death sentence shall not take effect or be executed.

Q4: What else can lawyers do during the review stage?

You can submit written defense opinions, reflect new evidence clues and circumstances, and put forward opinions on fact determination, evidence sufficiency, procedural legality, and appropriate sentencing.

Q5: Does the suspended execution of the death penalty also require review?

Yes. In cases where the death penalty is imposed with a stay of execution, the case shall be submitted to the Supreme People's Court for approval in accordance with the law. After review, the Supreme People's Court shall decide to approve or make corresponding arrangements, and the procedure shall be different from that of the immediate execution of the death penalty.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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.