[Direct answer]It is necessary. The review of death penalty cases is the last procedural barrier for the defendant's life, and the involvement of professional lawyers directly affects the quality of the review. According to Article 251 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), when the Supreme People's Court reviews death penalty cases, it shall interrogate the defendant; if the defense lawyer requests it, the court shall listen to the defense lawyer's opinions. Since January 1, 2007, the power to approve death penalty cases has been unified by the Supreme People's Court. Lawyers can submit defense opinions, apply to present their opinions to the collegial panel in person, and promote a comprehensive review of the legality of evidence and sentencing circumstances during the review stage. These efforts are particularly important for cases with questionable evidence or mitigating circumstances. It is recommended to handle the entrustment as soon as possible after the second-instance judgment, and you can refer to it for reference.Criminal defenseColumn.

I. Problem background and typical scenarios

Such questions are often encountered in several situations: First, after the second instance court sentences a person to death with immediate execution, the family believes that the review is just an internal written approval, and lawyers have no way to make efforts; Second, the defense effect in the original trial is not ideal, and the family wants to make up for it in the review stage; Third, they have new evidence clues or mitigating circumstances, but don't know how to submit them through what channels; Fourth, in cases where the death penalty is suspended for two years, they don't understand the differences in the review subject and procedures; Fifth, there's no news about the review for a long time, and the family doesn't know what to do. The review of the death penalty is handled by the Supreme People's Court and its circuit courts. The procedure is mainly conducted through written review and is not public. The standardization and pertinence of lawyers' opinions directly affect the collegial panel's grasp of the case. The relevant defense procedures can be referred to.Criminal defenseColumn.

II. Key points of contention

Focus One: The method of hearing lawyers' opinions. When defense lawyers make requests, the Supreme People's Court shall listen to their opinions, and lawyers may also apply to present their opinions in person. Focus Two: The review of the legality of evidence. Issues such as evidence obtained through torture, defects in appraisal opinions, etc. can still be systematically raised during the review stage. Focus Three: The further exploration of sentencing circumstances. Supporting materials for circumstances such as voluntary surrender, meritorious service, victim's fault, compensation and apology, and confession of guilt and repentance can be supplementarily submitted. Focus Four: The procedural differences between immediate execution of the death penalty and suspended execution of the death penalty. In the case of suspended execution of the death penalty, the Supreme People's Court shall approve it in accordance with the relevant provisions of the Criminal Procedure Law, without the need for review by the Supreme People's Court. Focus Five: The closed nature of the review procedure. It is not open to the public, and there is no statutory time limit. The pace depends on the needs of case review. Focus Six: The connection with the appeal and retrial procedures. The remedy path after approval should be planned in advance. Specifically, the current effective laws and regulations and judicial rulings shall prevail.

III. Professional analysis by Henglue Lawyers

From the practical experience of lawyers handling death penalty review cases at our firm, the focus of defense during the review stage is to systematically present to the collegial panel the mitigating circumstances and evidence doubts that were overlooked in the original trial. Common tasks include: comprehensively reviewing case files, reviewing the evidence chain, and focusing on investigating clues of coerced confessions, contradictions between appraisal opinions and physical evidence; strengthening the supporting materials for statutory circumstances such as voluntary surrender, meritorious service, and confession; promoting communication with the victim regarding compensation and understanding, and assessing the possibility of restoring social relations; sorting out the defendant's expressions of guilt and remorse and assessing the likelihood of reoffending; on this basis, forming a standardized opinion letter and applying for an in-person statement to enable the collegial panel to fully hear the defense perspective. Experience shows that the review stage is not just a "formality." For cases where there are disputes over the evidence basis or where mitigating circumstances have not been fully evaluated, the involvement of professional lawyers may change the focus of the review. Families should avoid passively waiting or seeking help from unqualified sources at this stage. They should hire lawyers as soon as possible and proceed in accordance with legal procedures.

IV. Practical suggestions and legal basis

Action recommendations: First, after the second-instance judgment, the near relatives should handle the entrustment procedures as soon as possible to avoid intervening hastily after the review is initiated; Second, the lawyer should apply for reviewing the case files and retrieving all the materials of the original trial as soon as possible; Third, systematically sort out the evidence doubts and mitigating circumstances, and form a written defense opinion to submit to the Supreme People's Court; Fourth, if the lawyer requests to be heard, prepare the on-site statement plan at the same time; Fifth, pay attention to the channels through which the Supreme People's Procuratorate submits opinions to the Supreme People's Court, and cooperate with the lawyer and relevant authorities in accordance with the law; Sixth, at the same time, plan the relief plan before and after the approval. In terms of legal basis, Article 251 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that the Supreme People's Court shall interrogate the defendant and hear the opinions of the defense lawyer when requested; The approval right of the death penalty case has been unified by the Supreme People's Court since January 1, 2007; The Lawyer Law of the People's Republic of China (amended on September 1, 2017) guarantees the defense lawyer to perform his duties in accordance with the law. The service arrangements during the review stage can be referred toSpecial services and other casesColumn.

5. Henglue Law Firm's Advice

Risk Alert: First, there is no statutory time limit for the review of death penalty cases. Families should communicate with the authorities in a standardized manner instead of blindly urging for answers, to avoid improper actions such as online hype that may adversely affect the review of the case. Second, there are limited opportunities to present opinions in person during the review stage, so written opinions must be prepared in full at one time. The quality of the materials determines the effectiveness of the communication. Third, be vigilant against scams that charge exorbitant fees in the name of "having connections with the Supreme People's Court". The review process of death penalty cases does not accept any kind of connection-based operations. Fourth, there are still statutory circumstances such as the suspension of execution after approval. Relief plans should be prepared simultaneously during the review stage. Such cases require extremely high professional thresholds. It is recommended to entrust a lawyer with experience in death penalty defense as soon as possible for a comprehensive evaluation, and you can consult with them for more information.Beijing Henglue Law FirmObtain compliance opinions from the official website's similar columns.

VI. Frequently Asked Questions

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

The main tasks include: reviewing the entire case file and verifying the evidence chain and its legality; submitting supplementary materials on mitigating circumstances such as voluntary surrender, meritorious service, compensation and apology, and confession and repentance; drafting a defense opinion and submitting it to the Supreme People's Court; requesting to hear opinions and applying for an in-person statement; and communicating relevant opinions with the Supreme People's Procuratorate. According to Article 251 of the Criminal Procedure Law, if the defense lawyer requests it, the Supreme People's Court shall hear his/her opinions.

Q2: How long does the review of a death penalty case typically take?

The law does not stipulate a time limit for the review of the death penalty, which generally ranges from several months to more than a year, depending on the complexity of the evidence in the case, whether supplementary investigations are needed, and whether opinions are heard in person. The review is mainly conducted through written examination and is not public. Family members should learn about the progress through lawyers in a standardized manner to avoid impulsive behavior that may affect the atmosphere of the case review.

Q3: Does the Supreme People's Court also review the case if the death penalty is suspended for two years?

No, it's not necessary. Cases involving the immediate execution of the death penalty are approved by the Supreme People's Court; cases sentenced to death with a two-year reprieve are approved by the Higher People's Court in accordance with the relevant provisions of the Criminal Procedure Law. The two procedures involve different main bodies, and the family should determine the defense arrangements according to the type of judgment. In cases of death with a reprieve, the sentence may be reduced to life imprisonment during the execution period, which is a huge difference in consequences from the immediate execution.

Q4: Can lawyers meet with the defendant during the review stage?

Yes. During the review stage, defense lawyers may, with their lawyer's practice certificates, certificates of law firms, and power of attorney, meet with the defendant in the detention center according to law to understand their physical condition, verify the statements made in the original trial, inform them of the progress of the review, and provide psychological counseling. Lawyer's meetings are not monitored. The information obtained during the meetings should be reflected through legal channels, and family members should also cooperate with lawyers to prepare relevant materials.

Q5: What remedies are available after the death penalty is approved?

Before execution after approval, if it is found that the judgment may be erroneous, the convict discloses major criminal facts or has other major meritorious performances, or the convict is pregnant, etc., which are statutory circumstances for stopping execution, the execution shall be stopped and reported to the Supreme People's Court for handling according to law. In addition, for judgments that are indeed erroneous, remedies can also be sought through statutory channels such as appeals. Families should discuss contingency plans with lawyers in advance and should not take action at the last minute.

The above answer is based on the judicial practice in Beijing. The judicial interpretation 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 relevant evidence, 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 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.