[Direct answer]In the Beijing area, during the review of the death penalty, defense lawyers need to meet with the defendant with a lawyer's office certificate, power of attorney and lawyer's practice certificate, which are arranged by the detention facility. According to Article 39 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), defense lawyers may meet and communicate with detained criminal suspects and defendants, and the detention facility shall arrange it in a timely manner, but not later than 48 hours. At the review stage of the death penalty, most defendants have been convicted by effective judgments. The purpose of the lawyer's meeting is to verify the case, communicate the defense ideas, and submit opinions on not approving the death penalty. The relevant procedures can be referred toCriminal defenseColumn.

I. Problem background and typical scenarios

The need for meetings during the review stage of the death penalty case is common in the following situations: First, after the second-instance court upholds the death penalty, the family members are eager to understand the last remedy path; Second, the defendant does not understand the approval process and needs a lawyer to explain their rights and risks in person; Third, the lawyer needs to verify the case process, the defendant's subjective state, and the mitigating circumstances that have not been evaluated; Fourth, communicate the defense strategy of not approving the death penalty with the defendant to gain their cooperation; Fifth, if the defendant's mental state or willingness changes, it is necessary to record it in time. Although the meeting process in detention centers in Beijing is standardized, the materials of death penalty cases are sensitive, so it is necessary to prepare all the necessary procedures in advance; for cases involving incidental civil actions, reference can be made to the relevant provisions.Personal injury and medical disputesColumn.

II. Key points of contention

Focus One: The completeness of meeting procedures. Practitioner's certificates, firm letters, and power of attorney are all indispensable, and the scope of authorization should cover the review stage. Focus Two: Meeting scheduling. Detention centers have a 48-hour time limit, and major cases should be scheduled as early as possible. Focus Three: Meeting content boundaries. Lawyers can verify the case facts and communicate defense strategies, but they must not interfere with the litigation process. Focus Four: Consistency between the defendant's wishes and defense strategies, especially whether to plead guilty or accept punishment, and whether to submit new clues. Focus Five: Communication with review judges and how to translate the information obtained from the meeting into written opinions. Focus Six: Handling cases where defendants refuse to meet. Specifically, refer to the currently effective laws, regulations, and judicial rulings. For related contract disputes, please refer to the relevant materials.Business and contract disputes in enterprisesColumn.

III. Professional analysis by Henglue Lawyers

Based on the practical experience of lawyers from our firm, the meeting during the death penalty review stage is a necessary step to put into practice the two main lines of defense: "factual evidence" and "sentencing circumstances". When handling major criminal cases, our lawyers usually first complete the entrustment procedures and clarify the authorization for the review stage, then submit a meeting application to the detention facility and arrange the meeting within the statutory time limit. During the meeting, lawyers focus on verifying whether the evidence in the case can corroborate each other, whether the defendant's appearance and confession are stable, whether there are circumstances such as voluntary surrender, meritorious service, accomplice, victim's fault that have not been fully evaluated, and simultaneously understanding their mental and physical condition. The information obtained during the meeting will be organized into case review notes and defense points, and translated into defense opinions against the death penalty submitted to the Supreme People's Court. Although the death penalty review is not held in public, lawyers have the right to meet with the defendant and express their opinions according to law. Professional meetings are the foundation of the quality of defense at the final stage.

IV. Practical suggestions and legal basis

Action recommendations: First, after the second-instance court upholds the death penalty, the family should immediately sign a power of attorney agreement with the law firm covering the review stage, clearly defining the scope of authorization; Second, the lawyer should prepare complete materials such as the practice certificate, the law firm's certificate, and the power of attorney, and request a meeting with the detention center; Third, during the meeting, the lawyer should communicate systematically about the facts and evidence, the sentencing circumstances, and the defendant's wishes, and prepare a meeting transcript; Fourth, the meeting results should be translated into defense opinions that are not approved and submitted; Fifth, maintain legal communication with the review authority. In terms of legal basis, Article 39 of the Criminal Procedure Law of the People's Republic of China stipulates the time limit for defense lawyers to meet with detainees and the detention center's arrangements, and Article 251 stipulates that the review of death penalty cases shall interrogate the defendant and listen to the defense lawyer's opinions. For cases involving family connections, reference can be made to the relevant provisions.Divorce litigation and family disputesColumn.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, all meeting procedures must be complete and the authorization must cover the review stage. Any missing documents will result in the inability to meet with the client and missed opportunities. Secondly, the review of the death penalty case is the last remedy before execution, so it is more beneficial to arrange the meeting and submit opinions as soon as possible. Thirdly, the content of the meeting should focus on factual evidence and sentencing circumstances, and avoid being too general. Fourthly, the defendant's wishes and defense strategies should be consistent, and major matters need to be coordinated with the lawyer. It is recommended to choose a lawyer team with experience in death penalty cases to seize the last opportunity. For related special services, please refer to the relevant materials.Special services and other casesColumn.

VI. Frequently Asked Questions

Q1: What documents should lawyers bring when meeting with clients during the death penalty review stage?

The defense attorney needs to bring a lawyer's practicing certificate, a certificate from the law firm (a letter from the firm) and a power of attorney signed by the client. The scope of authorization should clearly cover the stage of death penalty review. After the materials are complete, the defense attorney shall submit an application for a meeting to the detention center where the defendant is detained. The detention center shall arrange the meeting in accordance with the law within 48 hours at the latest. The family should sign a power of attorney agreement covering the review stage with the law firm as soon as possible to avoid delays in the meeting due to missing procedures.

Q2: How many times can a death penalty review lawyer meet with the defendant?

The law does not set a fixed upper limit on the number of meetings between defense attorneys and their clients during the review stage of a death penalty case. The principle is to safeguard the right to defense and arrange meetings reasonably according to the needs of the case and the progress of communication. Usually, the first meeting is used to verify the facts of the case and communicate strategies. Subsequent meetings can be held based on the progress of reviewing the case, new clues, and the formation of defense opinions. The key is to ensure that each meeting has a clear purpose and that minutes are taken, which can then be converted into written defense opinions.

Q3: What do lawyers mainly discuss with death row inmates during their meetings?

The main focus is on three aspects: First, verifying the facts and evidence of the case, including the process of appearing in court, the stability of the confession, and whether the appraisal opinions and witness testimonies can be corroborated; Second, exploring and confirming mitigating circumstances, such as voluntary surrender, meritorious service, accomplices, the victim's fault, and compensation and understanding; Third, communicating the defense strategy and the defendant's wishes to ensure their cooperation in submitting opinions against the approval of the death penalty. The content of the meeting should focus on the facts and evidence and sentencing, and avoid irrelevant statements.

Q4: Can I still meet the judge if the review of the death penalty case is not open to the public?

The review procedure for the death penalty is not open to the public, but defense lawyers have the right to present defense opinions and apply for face-to-face hearings in accordance with the law. Lawyers mainly communicate with the review judges by submitting written opinions against approval of the defense, applying for face-to-face hearings, etc. The information obtained from meeting with the defendant is the basis of the opinions. Whether to hold a face-to-face hearing is decided by the review organ according to the circumstances of the case. Lawyers should make full use of the statutory communication channels to safeguard the rights and interests of the defendant.

Q5: What else can family members do at this stage?

The family should immediately hire a lawyer with experience in death penalty cases, cooperate with the lawyer in providing clues to the defendant's mitigating circumstances, such as voluntary surrender and meritorious service, compensation and understanding, family difficulties, and mental state; pay the lawyer's fees on time and sign an authorization covering the review stage; maintain smooth communication with the lawyer and rationally view the progress of the proceedings. Never believe in false promises, and rely on professional lawyers to advance the final remedy in accordance with the law.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

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 the current effective laws and regulations and public 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.