[Direct answer]In the Beijing area, lawyers still play a crucial role in the review stage of the death penalty. According to 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; first-instance cases sentenced to death by high-level people's courts shall be submitted to the Supreme People's Court for approval; and first-instance cases sentenced to death by intermediate-level people's courts shall be submitted to the high-level people's courts for review before being submitted to the Supreme People's Court for approval. Lawyers' main tasks at this stage include five items: first, comprehensively review the case files and carefully check the facts and evidence identified in the first and second instance trials, especially the contradictions in physical evidence appraisals and witness testimonies, as well as procedural violations; second, verify the legality of the procedures, including jurisdiction, service, appraisal procedures, witness appearances, and the exclusion of illegal evidence; third, draft opinions on the review of the death penalty, providing comments on whether the facts are clear, the evidence is conclusive, the application of the law is correct, and the sentencing is appropriate; fourth, participate in the deliberations and interrogations of the Supreme People's Court, present defense opinions, and respond to questions; fifth, assist families in communicating and coordinating with subsequent procedures. It should be noted that the review of the death penalty is the last procedure in criminal litigation, and its initiation is automatic, not subject to the application of families. However, the depth of lawyers' involvement will significantly affect the likelihood of their opinions being adopted.Criminal defense and criminal case filingThe column provides a dedicated service description for death penalty review and death penalty defense.

1. Problem background and typical scenarios

Many family members who consult on such issues are at the stage where the verdict has already been issued. Their typical psychological state is that they find it hard to accept the death penalty verdict and lack understanding of the subsequent procedures. They generally have several questions: whether the review procedure will be automatically initiated, what else lawyers can do, when the result will be out, and whether there are other remedies. In practice, family members often pin their hopes on making connections or guessing the review result, but they overlook the most effective path, which is to put forward solid opinions based on evidence and procedures. The death penalty review procedure is fundamentally different from the first and second instance trials: it is not an ordinary trial procedure, but a special procedure in which the Supreme People's Court exercises the right of approval. The case does not enter the court's trial management system and is not publicly reviewed, but lawyers can still intervene, review the case file, submit opinions, and participate in interrogations in accordance with the law. Therefore, it is better to intervene as early as possible, especially in cases where the death penalty is immediately executed. The connection between procedures and the overall remedial approach can be referred to together.Special services and other casesColumn.

II. Key points of contention

Focus One: Whether the facts established in the first-instance judgment are clear, and whether the witness testimonies, physical evidence, and appraisal opinions corroborate each other. Focus Two: Whether the evidence is truly sufficient, and whether there are any missing or excluded key pieces of evidence. Focus Three: Issues related to procedural legality, including jurisdiction, service deadlines, appraisal procedures, exclusion of illegal evidence, and the appearance of witnesses in court. Focus Four: Whether the applicable laws are correctly interpreted, and whether the choice of charges and the understanding of constituting elements are accurate. Focus Five: Whether the sentencing is appropriate, and whether there are mitigating or extenuating circumstances that were not recognized. Focus Six: Whether the procedural violations reach the level requiring the exclusion of illegal evidence. Focus Seven: Responsibility differentiation and status determination in joint crimes. Focus Eight: Determination of mitigating circumstances such as voluntary surrender, confession, meritorious service, and compensation and reconciliation. The above specific rules shall be subject to the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Law Firm

From the perspective of criminal defense practice, the working methods in the review stage of the death penalty case are fundamentally different from those in the first and second instance. Three aspects need to be re-established for argumentation. The first aspect is to reorganize the evidence system. In death penalty cases, any flaw in the evidence may affect the judgment of life and death. Lawyers usually make a list of evidence contradictions, listing the inconsistencies in witness testimonies, the limitations of appraisal opinions, and the correspondence between the tools of crime and traces, forming a checklist that can be directly submitted to the review court. The second aspect is to prioritize procedural review. Procedural flaws in death penalty cases are often more decisive than factual disputes. For example, key witnesses are not notified to appear in court, appraisal materials are not delivered to the defense, illegally obtained evidence is not excluded, and the court records do not correspond to the actual situation. Once these problems are established, even if the facts themselves are correct, it may affect the approval result. The third aspect is to systematize the argumentation of sentencing. Lawyers need to demonstrate whether there are statutory mitigating circumstances item by item and explain the reasons why they were not recognized. At the same time, they evaluate the actual manifestation of compensation understanding and sincere repentance, forming a structured sentencing opinion. Our firm's practice in handling such cases is to divide the opinion into five parts: facts, evidence, procedure, legal application, and sentencing. Each part gives clear requests and reasons, avoiding general arguments. At the same time, lawyers will fully communicate with the families about the review cycle and possible results to avoid unrealistic expectations. For specific arrangements of family communication and procedural connection, please refer to it together.Creditor's rights and debts, and enforcementColumn.

IV. Practical suggestions and legal basis

Action recommendations: 1. Hire a lawyer as soon as possible to clarify the scope of defense work; 2. Gather and submit a request for reviewing the case file comprehensively, and verify the evidence page by page; 3. Prepare a list of contradictions in the evidence and a list of procedural violations; 4. Write a structured review opinion, discussing the facts, evidence, procedures, legal application, and sentencing item by item; 5. Organize mitigating circumstances, including voluntary surrender, confession, meritorious service, compensation and apology, and repentance; 6. Participate in the collegial panel hearing and cross-examination to fully present opinions; 7. Assess the feasibility and boundaries of family compensation and apology; 8. Maintain regular communication with family members to explain progress and risks. Legal basis: - The Criminal Procedure Law of the People's Republic of China (amended in 2018) regarding the review of death sentences; - The Criminal Law of the People's Republic of China (amended by the Eleventh Amendment to the Criminal Law, effective March 1, 2021) regarding death sentences and mitigating circumstances; - The Interpretation of the Criminal Procedure Law of the People's Republic of China by the Supreme People's Court (Legal Interpretation [2021] No. 1, effective January 1, 2021) related provisions.

5. Henglu Law Firm's Advice

Firstly, the death penalty review process is initiated by the court in accordance with the law, and it is not conditional on the application of family members. However, only when lawyers actively intervene can the process play its role. Secondly, don't expect to change the outcome through unconventional means other than appeals during the review stage. Everything should be based on evidence and procedures. Thirdly, family members should hire professional lawyers as soon as possible and not wait until the review decision is made to take action, as time cannot be reversed. Fourthly, compensation and understanding must be sincere and legal. Forcing an understanding may affect the judgment. Fifthly, maintain rational communication and avoid emotional expressions that interfere with the review work. Sixthly, pay attention to confidentiality and do not disclose case details and evidence on social platforms. Seventhly, even if the result is unfavorable, one should still complete the appeal process in accordance with the law. Eighthly, clarify the boundaries of services and fee arrangements to avoid misunderstandings. For the overall approach to corporate internal compliance and risk prevention, you can refer to it for reference.Business and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: Is the death penalty review automatically initiated?

Yes. According to the Criminal Procedure Law of the People's Republic of China (amended in 2018), cases sentenced to death must be submitted to the Supreme People's Court for approval in accordance with the law. Cases sentenced by intermediate people's courts must first be submitted to the higher people's courts for review before being submitted to the Supreme People's Court for approval. The initiation of this process is a legal procedure and does not require the application of family members. However, family members need to hire a lawyer as soon as possible in order to play an effective role in the process.

Q2: What exactly do lawyers do during the review stage of the death penalty case?

It mainly includes comprehensive review of the examination papers and evidence verification, review of the legality of the procedures, writing review opinions, presenting arguments on mitigating circumstances, participating in the trial and interrogation of the collegial panel of the Supreme People's Court, and assisting families in completing communication and follow-up procedure connection. The core of the work is to clearly present the evidence flaws and procedural issues that may affect the outcome of the case to the review authority.

Q3: How long do I have to wait for the review of the death penalty case?

There is no statutory time limit for review of the death penalty. In practice, the review process is generally quite lengthy, often taking several months or even longer from the time the case is submitted for review to the time it is approved. Factors that affect the length of the review process include the complexity of the case, whether evidence needs to be supplemented and verified, whether there are multiple defendants involved in the joint crime, and whether a new appraisal is necessary. It is recommended that families remain patient and regularly update themselves on the progress of the case.

Q4: Can I still reach a compensation settlement during the review stage?

Yes, but attention should be paid to the approach and authenticity. The family's entrustment of compensation, the defendant's sincere repentance and obtaining forgiveness are important mitigating circumstances. These should usually be expressed in a standard manner and the corresponding materials should be submitted during the review period. Forced forgiveness and easily reversible promises may affect the judgment. It is recommended to proceed under the guidance of a professional lawyer to avoid procedural flaws.

Q5: What can I do if I'm not satisfied with the review result?

You can still file an appeal in accordance with the law. The decision on the review of the death penalty and the decision on the immediate execution of the death penalty are decisions at different levels. If you are not satisfied with the result, you can file an appeal or complaint to the relevant authorities in accordance with the provisions of the Criminal Procedure Law of the People's Republic of China (amended in 2018), and you can also apply for a lawyer's assistance in preparing the appeal materials. The appeal and review are two sets of procedures, and you can prepare them simultaneously.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence 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 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. If you encounter disputes, please consult a practicing lawyer in time.