[Direct answer]Generally, the review of death penalty cases does not involve a public hearing. According to the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the death penalty must be approved by the Supreme People's Court. When reviewing death penalty cases, the Supreme People's Court shall form a collegial panel of three judges to conduct the review and question the defendant. If the defense lawyer requests it, the court shall hear the lawyer's opinions. The Supreme People's Procuratorate may also submit opinions to the Supreme People's Court. Therefore, the review mainly takes the form of written review and does not involve a public hearing. Although there is no court hearing, the defendant will be questioned, the defense lawyer can submit written opinions and apply to reflect the opinions, and the procuratorial organ can also put forward opinions. Since the Supreme People's Court established a special criminal trial court responsible for the review work, the review procedure has become more standardized. The parties and their families should entrust lawyers to intervene as soon as possible after the case is submitted for approval, and systematically submit defense opinions based on the facts, evidence, and sentencing circumstances.

1. Problem background and typical scenarios

The review of the death penalty is the last hurdle in death penalty cases, and families are often unfamiliar with the procedural arrangements and feel anxious about them. Typical scenarios include: both the first and second instance courts sentence the defendant to death, and the case is submitted to the Supreme People's Court for approval according to law; the family hopes to secure a change to a suspended death sentence or life imprisonment during the review stage; the defense lawyer intends to submit defense opinions during the review stage, but is unclear about the proper way to submit them and whether they will be heard in person. When handling major criminal cases in Beijing, lawyers usually start preparing materials for the review stage immediately after the conclusion of the second instance trial.Criminal defense and criminal case filingIn business, the review defense places more emphasis on the rigor of written arguments and the coherence of evidence.

II. Key points of contention

The first focus is whether the review will be conducted in a court hearing; the second focus is whether the interrogation of the defendant is mandatory; the third focus is how the defense attorney's opinions should be submitted and whether they can be presented in person; the fourth focus is the impact of the prosecutorial organ's opinions on the review results; the fifth focus is the review period and the form of the review results. In addition, the review stage also involves whether new evidence can be added and whether a request for a re-appraisal can be made. Once the review is approved, what procedural remedies are available? The above issues determine the focus and pace of the defense work in the review stage.

III. Professional analysis by Henglue Law Firm

Based on our firm's practical experience in handling major criminal cases, the defense in the review stage of the death penalty can focus on three aspects. First, a layered review of facts and evidence: Since the review does not involve a court hearing, written materials play a more important role. Lawyers need to carefully examine the authenticity, legality, and relevance of the evidence used to convict the defendant, identify any breaks or contradictions in the chain of evidence, and organize key evidence into a list that is easy to review. Second, a systematic presentation of sentencing circumstances: Circumstances such as voluntary surrender, meritorious service, victim's fault, compensation and understanding, and consistent behavior should be supported by evidence to demonstrate whether they meet the criteria for mitigating or reducing punishment. Third, standardized submission of opinions: Defense opinions should be structured clearly, conclusions should be clear, and lawyers should apply to present their opinions in person in accordance with the law. At the same time, they should pay attention to whether the procuratorial organ has put forward its opinions. What families often overlook is that the time for the review stage is relatively limited. The earlier and more thorough the preparation of materials is, the more likely it is that defense opinions will be fully considered. For cases involving appraisals and personal injury facts, reference materials can be provided accordingly.Personal injury and medical disputesAlso, for cases involving enterprises in criminal matters, you can refer to it for referenceBusiness and contract disputes in enterprises.

IV. Practical suggestions and legal basis

Action suggestions: First, as soon as possible, entrust a criminal lawyer who is familiar with the review procedure to intervene, review the case files and organize defense opinions as soon as possible; Second, prepare written materials around three main lines: facts, evidence, and sentencing circumstances; Third, apply for questioning the defendant in accordance with the law to express opinions and apply for hearing the defense opinions in person; Fourth, pay attention to whether the procuratorial organ puts forward opinions, and provide targeted supplementary arguments; Fifth, keep all the corresponding materials and follow up on the progress of the review. Legal basis: The Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) regarding the review of the death penalty, the composition of the collegial panel, questioning the defendant, hearing the defense lawyer's opinions, and the opinions put forward by the procuratorial organ; The Criminal Law of the People's Republic of China regarding the application and restriction of the death penalty (the specific articles shall be subject to the current effective laws and regulations). For those involved in criminal defense, please refer to the relevant provisions.Criminal defense and criminal case filingFor issues related to compensation, you can refer to the following document for more information.Personal injury and medical disputesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, it is normal for the review not to hold a hearing, but questioning the defendant and hearing the defense opinions are statutory procedures and should be actively exercised. Secondly, written materials are the main basis for the review stage, and the argumentation must be clear and specific. Thirdly, the sentencing circumstances need to be supported by evidence, and mere assertions are often not enough. Fourthly, the review results may be approved, modified, or sent back for retrial, and family members should be prepared for different outcomes. Fifthly, it is not advisable to wait for procedural milestones. It is more beneficial to engage a lawyer as soon as possible to seize the opportunity. For major criminal cases, it can be handled through legal channels.Criminal defense and criminal case filingYou can refer to it when obtaining an overall solution for the service, and for issues related to evidence and appraisal, you can also make reference to itIntellectual property protection and corporate law.

VI. Frequently Asked Questions

Q1: Will there be a court hearing during the review stage of the death penalty?

Generally, trials are not held in public, and the main method of review is in writing. When the Supreme People's Court reviews death penalty cases, it shall conduct the review by a collegial panel of three judges and shall interrogate the defendant. If the defense lawyer requests it, the court shall hear the defense lawyer's opinions. Therefore, although no court hearing is held, the interrogation and hearing of opinions are statutory procedures. Defense lawyers can still fully express their opinions, and the procuratorial organ can also put forward its opinions.

Q2: What can lawyers do during the review stage?

Attorneys can review the case files, meet with the defendant, submit written defense opinions, and apply to present their opinions in person in accordance with the law. The focus of their work lies in reviewing the legality and relevance of the evidence used to convict the defendant, systematically presenting mitigating and extenuating circumstances, and pointing out contradictions in the evidence of the case. Since the review process is primarily based on written materials, the quality of the defense opinions directly affects the extent to which they are accepted. Therefore, the materials should be structured clearly, contain clear conclusions, and be accompanied by a list of evidence.

Q3: How long does the review of a death sentence take?

The law does not impose a mandatory time limit for the review period. It is usually completed within a few months, with the specific duration depending on the complexity of the case and whether additional materials and case files need to be exchanged. Families and lawyers can check the progress with the handling department and provide defense opinions in a timely manner. It is advisable to start early rather than late, and the more prepared the materials are, the better it will be for the review panel to fully grasp the situation of the case.

Q4: Can I submit new evidence during the review stage?

You can submit materials that may affect the conviction and sentencing, such as evidence that can prove mitigating or extenuating circumstances. Whether the materials will be accepted will be reviewed and judged by the review panel, so the materials should be true, legal, and closely related to the facts to be proven. For specialized issues that require re-appraisal, the defense attorney can submit an application and explain the reasons, and the case-handling organ will decide whether to initiate the re-appraisal according to law.

Q5: What are the possible outcomes of the review?

The results of the review usually include three options: approving the death penalty, modifying the sentence in accordance with the law, or revoking the original judgment and remanding the case for retrial. The modification of the sentence is often based on the existence of statutory mitigating circumstances, the existence of flaws in the facts and evidence. Families should rationally consider all possible outcomes, cooperate with lawyers to fully argue the facts and evidence, strive for the most favorable outcome for the client, and keep abreast of the progress of the proceedings in a timely manner.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 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. In case of disputes, please consult a practicing lawyer in time.