[Direct answer]In the Beijing area, when choosing a lawyer for the review of death penalty cases, it is not advisable to simply rely on advertisements and quotes, but rather to focus on verifying four key aspects: whether the lawyer has actually handled death penalty review cases before; whether they have reviewed each case file and been able to point out specific evidence issues within the file; whether they have argued the facts of the crime and sentencing circumstances in their defense opinions rather than just making procedural statements; and whether they have established effective communication with the original defense team. According to Articles 246 to 251 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), the death penalty must be approved by the Supreme People's Court. If the defendant has already been authorized to appoint a defense attorney before the approval, the defense attorney has no right to refuse to defend them. The key to the review of death penalty cases lies in putting forward substantive and procedural opinions that can be accepted by the reviewers.Criminal defense and criminal case filingIn these types of services, the requirement for professionalism in this stage is higher than in ordinary cases.

1. Problem background and typical scenarios

The intervention point in the review stage of the death penalty case usually occurs during the period when the case is submitted to the Supreme People's Court for approval after being reviewed by the Higher People's Court. The families of the defendants often learn about the entire case for the first time through the judgment. At this point, the following issues arise: whether the defense opinions in the first and second trials have been fully expressed, whether there are undetected contradictions in the evidence in the case file, whether the defendant's physical and mental condition needs further evaluation, and whether there are illegal evidence or procedural violations that should be investigated in the previous proceedings.Special services and other casesIn the column, family members often consult lawyers about such issues.

II. Key points of dispute

First, whether the evidence of the crime is authentic and sufficient, and whether the various pieces of evidence can corroborate each other. Second, whether there are conflicting pieces of evidence that have not been reasonably explained, such as discrepancies between statements and inconsistencies among pieces of evidence. Third, whether statutory mitigating circumstances such as voluntary surrender, confession, and meritorious service have been fully evaluated. Fourth, whether there are discretionary mitigating circumstances such as compensation and understanding and the victim's fault. Fifth, the defendant's mental state and whether they have full criminal responsibility capacity. Sixth, whether there are illegal evidence collection or procedural violations in the litigation process. Seventh, the impact of the handling of incidental civil compensation and understanding and reconciliation on sentencing.

III. Professional analysis by Henglue Law Firm

The standard practice of Henglue Law Firm in handling such cases is to first sort out all the evidence of the case and then formulate a layered defense opinion. Taking a major violent crime case handled by our lawyers as an example, the perpetrator of the case had an argument with others in the workplace, then accelerated his car to hit the building facilities. The car crashed into the door and burst out from the back wall, resulting in one death and two injuries. After the case was prosecuted, the defense mainly put forward opinions in four aspects: Firstly, the language before the impact, the continuous acceleration state and the lack of evasive measures all pointed to the subjective state of intentional homicide; Secondly, the defendant lied to the police that the car had a malfunction and his subsequent statements were inconsistent, which did not meet the constitutive elements of voluntary surrender; Thirdly, normal work communication does not necessarily lead to violent collisions, and the victim's side does not have any fault in the criminal law sense; Fourthly, the target of the act was clear and aimed at specific individuals, so it should be characterized as intentional homicide rather than endangering public safety by dangerous methods. The court adopted the defense's opinions on the characterization and sentencing, and sentenced the defendant for intentional homicide. The above-mentioned working method is also applicable in the stage of death penalty review: matching each piece of evidence in the case with the disputed points one by one to form a clear-structured and targeted opinion, rather than repeating the conclusions of the first and second instance. When dealing with such major cases, what the families need most is to find lawyers who can really work on each case and dare to put forward substantive opinions.

IV. Practical suggestions and legal basis

Action recommendations: 1. Hire a lawyer as soon as possible after receiving the verdict to avoid missing procedural deadlines; 2. Collect the judgments of the first and second instance, case files, and clues provided by family members; 3. Organize materials related to the defendant's physical and mental condition, including medical records and past medical history; 4. Assess the possibility of compensation and reconciliation and communicate with the victim as early as possible; 5. Hire a lawyer to review the entire case file and formulate a layered defense strategy; 6. Monitor the time node of the review result and submit supplementary materials in a timely manner; 7. Maintain legal and effective communication channels with the case-handling authorities. Legal basis: Articles 246, 247, 250, and 251 of the Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding the review of death sentences; Articles 62 and 63 of the Criminal Law of the People's Republic of China regarding the restrictions on the death penalty and provisions on voluntary surrender, confession, and meritorious service. For reference regarding the determination of the victim's fault, please refer to relevant provisions.Personal injury and medical disputesFor materials related to compensation and reconciliation, you can refer to the following for referenceCreditor's rights and debts, and enforcementThe specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, the professional requirements for the review stage of the death penalty are extremely high, and case-handling experience takes precedence over other considerations. Second, the family's emotions should be dealt with separately from the pace of the proceedings. Third, do not repeat old conclusions, but put forward new and clearly defined opinions. Fourth, although compensation and understanding may not necessarily change the outcome, the attitude is extremely important. Fifth, pay attention to time limits and ensure that procedural deadlines are not delayed. Sixth, no lawyer should promise a result. The key is to see whether he can explain the problems in the case clearly. Seventh, pay attention to confidentiality and procedural discipline to avoid improper contact.

VI. Frequently Asked Questions

Q1: What else can be done during the review stage of the death penalty?

The main tasks include putting forward defense opinions on both substantive and procedural aspects: on the substantive side, reviewing the evidence of the crime facts, demonstrating that mitigating circumstances such as voluntary surrender, confession, and meritorious service have not been fully evaluated, and analyzing whether there are victim's faults and discretionary mitigating circumstances; on the procedural side, reviewing whether the litigation procedures are legal, whether there are situations of illegal evidence collection or failure to avoid conflicts of interest when necessary. At the same time, it can promote matters of compensation and understanding, and submit new materials. These tasks need to be completed by the handling lawyers on a case-by-case basis.

Q2: What are the requirements for hiring a lawyer to review a death penalty case?

It is recommended to check four aspects: whether they have actually handled death penalty review cases and can explain their working methods; whether they have reviewed each case file and can point out specific evidence problems in the file; whether the defense opinions have substantive content rather than just procedural statements; and whether they have ensured a smooth transition with the original defense team. In addition, attention should also be paid to whether the contract and fees are clearly specified in writing, and whether there are statements promising results. The error rate in death penalty cases is extremely low, so when selecting lawyers, their ability to review case files should be the primary criterion.

Q3: What preparations do family members need to make during the review of the death penalty?

Four types of materials need to be prepared: First, the complete judicial documents, including the first-instance judgment and the second-instance ruling; Second, the defendant's physical and mental condition materials, such as past medical history and medical records; Third, proof of the family's financial situation and willingness to compensate and reach a settlement; Fourth, new clues and evidence obtained by the family. After receiving the judgment, the family should hire a lawyer as soon as possible and not miss any procedural deadlines. The lawyer can apply for access to the case files in accordance with the law, and the family does not need to copy all the case files themselves.

Q4: What materials are required for the review of the death penalty case?

It usually includes the judgment documents of the first and second trials, the effective criminal verdicts, the materials on the defendant's physical and mental condition, the materials related to compensation and understanding, the new clues and evidence mastered by the family, and the defense opinions of the original trial. After entrusting a lawyer, the lawyer will apply for access to the case files in accordance with the law, and the family does not need to copy all the case files themselves. It is recommended to provide a complete timeline and all the materials mastered at the time of entrustment to avoid missing key information.

Q5: Are the fees charged by lawyers for death penalty review high?

The fees are usually higher than those for ordinary criminal cases, and are determined through negotiation between the law firm and the client, primarily considering factors such as the complexity of the case, the amount of case review, the input required for opinion drafting and communication, etc. Death penalty cases require high professionalism and a long investment cycle, hence the fees are generally higher. It is recommended to clarify the scope of services before signing the contract, including whether it includes case review and opinion drafting, whether travel expenses are included, and whether there are any subsequent procedures. It is also advisable to compare quotes from multiple firms and request written quotations.

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

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available adjudication rules, and is provided for general reference only. It does not constitute formal legal advice for 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 promptly.