[Direct answer]In the Beijing area, the review of death sentences is the final procedure for death penalty cases, and lawyers play a crucial role in providing relief. According to Article 246 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), death sentences are approved by the Supreme People's Court. Article 251 stipulates that the Supreme People's Court shall question the defendant and hear the opinions of the defense lawyers when reviewing death penalty cases. During the review of death sentences, lawyers can fully review the case files, meet with the defendant, verify the facts, evidence, and legal application, and submit defense opinions against approval. They strive to prevent the approval of the death sentence or send the case back for retrial from the perspectives of evidence flaws, sentencing circumstances, and policy considerations. This is the last window of relief before the execution. For more information on related procedures, please refer to the following link:Criminal defenseColumn.

I. Problem background and typical scenarios

The need for defense during the review stage of the death penalty is common in several situations: First, the defendant and his family seek final relief immediately after the second-instance court upholds the death penalty; Second, there are doubts about the facts and evidence of the case, such as the tools used in the crime, key testimonies, and appraisal opinions; Third, there are sentencing circumstances that have not been fully evaluated, such as voluntary surrender, meritorious service, accomplices, and the victim's fault; Fourth, procedural violations, such as the failure to exclude illegal evidence and the failure of important witnesses to appear in court; Fifth, disputes over the status and role in joint crimes, with the determination of principal offenders and accomplices affecting the outcome. When handling such cases in the Beijing area, lawyers usually first review all the case files and then organize defense opinions systematically around the facts, evidence, and sentencing circumstances; if there are accompanying civil actions, they can refer to them as wellPersonal injury and medical disputesColumn.

II. Key points of contention

The first focus is whether the facts have been clearly established, whether the evidence is truly sufficient, and whether there are irresolvable contradictions or reasonable doubts. The second focus is whether the sentencing is appropriate and whether the statutory mitigating circumstances and discretionary circumstances have been fully evaluated. The third focus is whether the procedures are legal, and whether illegal evidence collection and the omission of important circumstances affect the conviction and sentencing. The fourth focus is how to implement the criminal policy of minimizing and exercising caution in imposing the death penalty, and strictly controlling the application of the death penalty in individual cases. The fifth focus is whether the defense opinions can be submitted and communicated, and whether the reviewing judges can actually listen to them. The sixth focus is the defendant's mental state and litigation capacity. The specific determinations shall be based on the current effective laws and regulations and judicial rulings. For related contract disputes, please refer to the relevant cases for reference.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Lawyers

From the practical experience of the lawyers handled by our firm, the defense at the stage of death penalty review must focus on both "factual evidence" and "sentencing circumstances". When handling major criminal cases, our lawyers usually first review the entire case file and verify whether the physical evidence, documentary evidence, appraisal opinions, witness statements, and the defendant's confessions can corroborate each other. For cases with contradictions or evidence collection flaws, they organize systematic opinions on excluding illegal evidence or insufficient evidence. At the same time, lawyers will meet with the defendant to verify the defendant's appearance process and subjective state, explore mitigating circumstances such as voluntary surrender, meritorious service, accomplice, victim's fault, and active compensation and reconciliation, and draft defense opinions against approving the death penalty and submit them to the Supreme People's Court. Although the death penalty review is not a public hearing, defense lawyers have the right to submit written opinions and apply for face-to-face reflection according to law. The professional intervention of lawyers can help defendants gain opportunities for the review to be disapproved, the case to be sent back for retrial, or the sentence to be changed at the last moment.

IV. Practical Suggestions and Legal Basis

Action recommendations: Firstly, after the family learns that the second-instance court upheld the death penalty, they should immediately hire a professional criminal lawyer to strive to intervene as early as possible in the review stage. Secondly, the lawyer should promptly review all case file materials and prepare a reading notes and a list of evidence contradictions. Thirdly, meet with the defendant to verify key facts and fix statements favorable to him or her. Fourthly, systematically sort out statutory and discretionary mitigating circumstances, and, if necessary, obtain materials such as compensation and understanding, family difficulties, and mental state. Fifthly, draft and submit defense opinions against the approval of the death penalty and apply for a face-to-face hearing. In terms of legal basis, Article 246 of the Criminal Procedure Law of the People's Republic of China clearly stipulates that the death penalty shall be approved by the Supreme People's Court, and Article 251 provides that the review of death penalty cases shall interrogate the defendant and listen to the opinions of the defense lawyer if requested. Relevant judicial interpretations also stipulate the review procedures and the protection of the right to defense. For cases involving family-related issues, reference can be made to the relevant provisions.Divorce litigation and family disputesColumn.

5. Henglu Law Firm's Reminder

Risk Warning: First, the review of the death penalty is the last remedy before execution, and once missed, it is irreversible. Families must seek the intervention of professional lawyers as soon as possible. Second, during the review stage, the court does not hold public hearings, but the right of defense lawyers to submit opinions and apply for face-to-face reflection is protected by law, and they should make full use of it. Third, the defense should focus on two main lines: factual evidence and sentencing circumstances, and avoid making vague appeals for justice. Fourth, mitigating circumstances need to be proven by evidence, and materials such as compensation and understanding, and family situations should be fixed as soon as possible. It is recommended to choose a lawyer team with experience in death penalty cases to grasp the last window of opportunity. For related special services, please refer to the following link:Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: Is it still necessary to hire a lawyer during the review stage of the death penalty case?

It's very necessary. The review of the death penalty is the last remedial procedure before execution. According to the Criminal Procedure Law, after the second-instance court upholds the death penalty, it shall be submitted to the Supreme People's Court for approval. During this stage, lawyers can review the case files, meet with the defendant, and submit defense opinions against the approval. They strive to have the approval rejected, the case sent back for retrial, or the sentence changed. This is a crucial window of life and death, so don't give up.

Q2: What are the main duties of a death penalty review lawyer?

The main tasks include: comprehensively reviewing and examining the case files to verify whether the physical evidence, documentary evidence, appraisal opinions, and oral evidence can corroborate each other; meeting with the defendant to verify the process of his/her appearance in court and his/her subjective state; exploring mitigating circumstances such as voluntary surrender, meritorious service, accomplices, victims' faults, and compensation and understanding; writing defense opinions against the approval of the death penalty and submitting them to the Supreme People's Court; and, if necessary, applying to present the opinions in person.

Q3: How long does the review of the death penalty usually take?

There is no statutory time limit for the review of the death penalty. The review period varies depending on the complexity of the case and the scheduling of the Supreme Court, and may last for several months or even longer. It is helpful for lawyers to get involved as early as possible to submit opinions in time and promote the review process. Compared with the first and second trials, although the review stage is not held in public, the earlier and more thorough preparation of defense opinions and materials will help secure more favorable outcomes for the defendant.

Q4: What role can lawyers play in the review of death penalty cases?

The role is reflected at the professional level rather than in terms of the promised outcome. By systematically reviewing the case files, lawyers can identify conflicting evidence, exclude illegal evidence, reinforce mitigating circumstances, and submit solid defense opinions, which can significantly influence the approval outcome at the final stage. The outcome of a case depends on the factual evidence and legal provisions, and professional defense is an important guarantee for defendants to receive fair treatment.

Q5: What should family members do during the review stage of the death penalty case?

The family should immediately hire a lawyer with experience in death penalty cases, cooperate with the lawyer to provide clues about the defendant's mitigating circumstances, such as voluntary surrender, meritorious service, compensation and understanding, family difficulties, mental state, etc. Maintain smooth communication with the lawyer and avoid believing in unrealistic promises. Rationally view the progress of the process and cooperate with the lawyer to advance the review defense in accordance with the law, seizing the last opportunity for relief before the execution.

The above Q&A is mainly based on the judicial practice in the Beijing area. 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 Henglu Law Firm

Disclaimer: This article is compiled based on current laws and regulations and publicly available 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 the event of a dispute, please consult a practicing lawyer in a timely manner.