[Direct answer]In the Beijing area, to determine whether a death penalty review lawyer is professional, one should assess their familiarity with the review process and their actual commitment. Article 48 of the Criminal Law of the People's Republic of China (currently in effect) stipulates that the death penalty shall only be applied to criminals who have committed extremely serious crimes; the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that the death penalty shall be approved by the Supreme People's Court, and defense lawyers may submit opinions during the review stage. Professional lawyers typically have experience in handling death penalty cases, are familiar with the key stages of meeting with clients, reviewing case files, and submitting defense opinions and evidence. They are able to provide meaningful opinions from the perspectives of fact determination, evidence chain, evaluation of circumstances, and procedural legitimacy, and truthfully inform clients of possible outcomes rather than making promises. When selecting a lawyer, attention should be paid to their professional experience and transparency in communication.

1. Problem background and typical scenarios

The review of the death penalty is a very special stage in criminal cases. Typical situations include: the first and second trials have already sentenced the defendant to death, and they are waiting for the Supreme People's Court to approve the sentence; the defendant wants to submit new mitigating circumstances or evidence; the family members are not clear about the procedural deadlines and are worried about missing the opportunity. When handling such matters in the Beijing area, lawyers usually systematically review all the evidence and judicial documents of the case to determine whether there are problems with the factual determination or insufficient evidence.Criminal defense and criminal case filingIn legal practice, the defense of death penalty cases places greater emphasis on rigor and professionalism.

II. Key points of contention

Focus One: The lawyer's authority and work content during the review stage. Focus Two: Whether the facts and evidence meet the standard of being truly sufficient. Focus Three: Whether there are mitigating circumstances such as voluntary surrender, meritorious service, or the victim's fault. Focus Four: Whether there are any violations or flaws in the legal process. Focus Five: The distinction of the roles of each defendant in a joint crime. Focus Six: The role of psychological and communication factors in the case. Focus Seven: Whether the lawyer can present new evidence and opinions, and the form they take.

III. Professional analysis by Henglue Lawyers

When handling major criminal cases, Henglue Law Firm emphasizes the review of all case evidence and the rationalization of defense arguments. Take the criminal and civil lawsuit for intentional homicide represented by Attorney Liu Liqiang of our firm as an example: The defendant, due to a dispute with a staff member, drove his car at high speed into a laboratory, resulting in one person being killed on the spot and two others injured. The victims' families entrusted a lawyer to represent them in the civil lawsuit. Through in-depth review of the case file and strict adherence to evidence, the lawyer refuted the defendant's defense arguments regarding subjective intent, voluntary surrender, the victim's fault, and the nature of the crime: The clear verbal threats before the impact, the acceleration despite being very close to the door, and the knowledge that there were people inside the room without taking evasive action were sufficient to prove intentional homicide; although he voluntarily called the police, he lied about brake failure, failed to make a truthful statement, and repeatedly retracted his confession, which did not constitute voluntary surrender according to the law; and the clear targeting of multiple specific individuals should be identified as intentional homicide. The court ultimately sentenced the defendant to death for intentional homicide. This case shows that the quality of evidence and argumentation in serious crime cases directly determines the weight of defense arguments.

IV. Practical suggestions and legal basis

Action suggestions: First, choose a lawyer with significant experience in handling major criminal cases and understand the types of cases they have handled in the past; Second, confirm the lawyer's familiarity with the review process and their work arrangements; Third, provide all case materials truthfully to facilitate systematic review; Fourth, pay attention to whether the lawyer provides comprehensive opinions on the facts, evidence, and procedures rather than making general statements; Fifth, keep the entrustment contract and communication records and rationally deal with the results. Legal basis: Article 48 of the Criminal Law of the People's Republic of China (currently in force); the provisions on the death penalty review procedure in the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018). For those involved in criminal defense, you can refer to the relevant provisions.Criminal defense and criminal case filingFor reference, please refer to the risks related to corporate affiliations.Business and contract disputes in enterprisesThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, defense opinions can still be put forward during the review stage of the death penalty, and professional defense should not be given up. Secondly, professionalism is reflected in evidence and reasoning, rather than the promise of results. Thirdly, defense should cover multiple aspects including facts, evidence, circumstances, and procedures. Fourthly, telling the truth is more trustworthy than making excessive promises. Fifthly, family members should cooperate rationally and not easily believe in so-called connections. For major criminal defense cases, you can consult a professional lawyer for assistance.Criminal defense and criminal case filingConsultation. The rules on statute of limitations and evidence shall be subject to the currently effective laws, regulations, and judicial rulings.

VI. Frequently Asked Questions

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

Lawyers can meet with the defendant to understand the situation and provide legal assistance; review the case materials and sort out the facts and evidence; submit defense opinions to the Supreme People's Court on the determination of facts, whether the evidence is truly sufficient, and the legality of sentencing circumstances and procedures, and may submit new evidence materials. This stage is still an important part of effective defense.

Q2: How to determine whether a lawyer is familiar with the review process?

It can be judged from whether their explanations of the procedural nodes are clear, whether they can point out the key issues in the facts and evidence of the case, and whether they propose specific work plans. Lawyers with experience in major criminal cases are usually able to accurately explain the process and time arrangements for reviewing case materials, holding meetings, and submitting opinions, rather than just talking about their experience in general terms.

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

It can be submitted, but it must meet the requirements for evidence. The new evidence should be authentic, legal, and relevant, and should have a substantial impact on the conviction or sentencing, such as materials proving mitigating circumstances, the victim's fault, or the roles of co-defendants. Whether it will be accepted will be reviewed and judged by the Supreme People's Court in accordance with the law, so the quality of the evidence is more important than the quantity.

Q4: Will the Bar Association promise to overturn the verdict?

It is not appropriate to make promises. The review result depends on the facts of the case, the evidence, and the application of the law. No lawyer can guarantee a specific outcome. Professional norms also require lawyers not to make improper promises about the outcome of the case. When choosing a lawyer, families should focus on their professional competence and dedication to work, rather than promises of results or so-called connections.

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

Family members can entrust an experienced defense lawyer to intervene as soon as possible, provide case materials and the client's situation truthfully, assist in collecting clues and evidence of mitigating circumstances, and maintain communication with the lawyer. At the same time, they should rationally deal with various possible outcomes, avoid believing in false information or making improper decisions, and ensure that the case is handled in accordance with the law.

The above answer is based on the judicial practice in Beijing. The adjudication guidelines 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 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.