[Direct answer]In the Beijing area, there are mainly two types of cases: approved and unapproved. Unapproved cases typically result in a retrial or a revised verdict. 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) regarding the review procedure for death sentences, cases involving immediate execution of the death penalty must be submitted to the Supreme People's Court for approval, while cases involving suspended execution of the death penalty must also be submitted to the Supreme People's Court for approval in accordance with the law. When reviewing death penalty cases, if the Supreme People's Court finds that the original judgment correctly determined the facts and applied the law, imposed an appropriate sentence, and followed legal procedures, it will issue a ruling of approval. If it finds that the facts are unclear, the evidence is insufficient, the law was applied incorrectly, or the sentence was inappropriate, it may revise the verdict or revoke the original judgment and order a retrial. In other words, the review results generally include: issuing a ruling of approval; directly revising the verdict to a lighter sentence; or sending the case back to the original court for retrial. After approval, the case enters the execution process; if not approved, the original death sentence will not take effect or be executed. In addition, the Supreme People's Court may also provide opinions on specific circumstances during the review process, which may influence subsequent handling. There is also room for defense during the review stage, and defendants can submit written opinions and evidence clues.

1. Problem background and typical scenarios

The review of death penalty cases is a special procedure that all death penalty cases must undergo, and the outcome of this review directly determines the direction of the case. There are typically three scenarios: first, the case is sentenced to death and executed immediately, and then reviewed by the Supreme People's Court; second, the reviewing authority finds that there are doubts about the facts or evidence and considers not to approve the sentence; third, the defendant or the victim is concerned about the impact of the review result on the case. In the judicial practice of the Beijing area, the review of death penalty cases emphasizes clear facts, reliable evidence, legal procedures, and appropriate sentencing. Any doubt at any stage may change the outcome.

II. Key points of contention

First, which cases must be submitted for review. Second, what are the criteria for approving or disapproving a review. Third, what circumstances apply to a retrial versus a change of sentence. Fourth, how can defense attorneys participate in the review stage. Fifth, what are the differences between reviewing death-row cases and immediately executing the death penalty. The key point is to understand that the review process serves as a strict gatekeeper for the application of the death penalty, and the types of review outcomes and the corresponding procedural consequences must be accurately distinguished.

III. Professional analysis by Henglue Law Firm

Based on the major criminal cases handled by Henglue Law Firm, we can use a real case to illustrate the importance of fact and evidence review. This case was an intentional homicide criminal case with accompanying civil litigation, in which the victim's family entrusted our lawyers to represent them. The lawyers comprehensively reviewed materials such as physical evidence, documentary evidence, witness statements, the defendant's confession, appraisal opinions, and on-site inspection records, and argued point by point on issues such as the nature of the crime, subjective intent, voluntary surrender, and sentencing. The court ultimately adopted the relevant opinions and rendered a judgment, and the accompanying civil litigation also supported reasonable claims. This type of case highlights that in cases involving possible heavy punishment or even the death penalty, meticulous review of facts and evidence, and accurate determination of subjective intent and circumstances often directly affect the conviction and sentencing. Regarding death penalty review, the defense can participate by submitting written opinions, presenting new evidence clues and circumstances, etc. The review authority will focus on reviewing whether there are unclear facts, insufficient evidence, procedural violations, or improper sentencing. Once the review is not approved, the case will be retried or remanded for rehearing according to law, and the original judgment will not enter the execution process of the death penalty.

IV. Practical suggestions and legal basis

Action suggestions: First, seize the opportunity to defend during the review stage and submit written opinions and evidence clues in a timely manner; Second, sort out the doubts from four dimensions: facts, evidence, procedures, and sentencing; Third, if the victim's side is involved, simultaneously advance the claims for incidental civil compensation; Fourth, rationally understand the procedural connection after the change of the verdict and the remand for retrial; Fifth, entrust a lawyer who has long been handling major criminal cases to get involved. For death penalty review and major criminal defense cases, you can refer to the following materials for reference:Criminal defense and criminal case filingFor cases involving personal injury and compensation claims, you can refer to the following guidelines:Personal injury and medical disputesLegal 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 application of the death penalty in the Criminal Law of the People's Republic of China (amended in 2020 and implemented on March 1, 2021). The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglue Law Firm's Advice

First, the main outcomes of the review of death penalty cases are either approval or disapproval. If the review results in disapproval, it may take the form of a change in the sentence or a remand for retrial. Second, only after the review is approved can the execution process proceed. Third, there is still room for defense during the review stage, and written opinions and evidence clues are very important. Fourth, the review conclusion may be influenced by four aspects: facts, evidence, procedures, and sentencing. For defense in major criminal cases, you can consult a lawyer for professional advice.Criminal defense and criminal case filingThe process of obtaining services involves the possibility of combining the victim's claims for compensationPersonal injury and medical disputesFor appeals and retrials, you can refer to the following information.Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: What are the possible outcomes of the review of the death penalty case?

It mainly includes the approval of the verdict, the modification of the verdict according to law, and the remand for retrial. After the approval, the execution procedure will begin. If the approval is not granted, the original death sentence will not take effect and will not be executed.

Q2: Which cases require a review of the death penalty?

In cases where the death penalty is immediately executed, it must be submitted to the Supreme People's Court for approval; in cases where the death penalty is suspended for execution, it must be submitted to the Supreme People's Court for approval according to law, and these are all mandatory procedures.

Q3: What is usually done if the review is not approved?

It may be re-sentenced to a lighter punishment according to law, or the original judgment may be revoked and the case sent back to the original trial court for retrial, which will be determined based on the facts, evidence, and application of the law.

Q4: What can lawyers do during the review stage?

You may submit written defense opinions, present new evidence and circumstances, and offer suggestions on the determination of facts, the sufficiency of evidence, the legality of the proceedings, and the appropriateness of the sentencing.

Q5: Do suspended death sentences also require review?

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

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

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 limits. →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. If you encounter disputes, please consult a practicing lawyer in time.