[Direct answer]In the Beijing area, the review of death sentences is the last independent review checkpoint for death penalty cases outside the trial process. The role of defense lawyers at this stage is irreplaceable but should not be overstated. According to Article 48 of the Criminal Law of the People's Republic of China (amended on December 29, 2023), all death sentences, except those decided by the Supreme People's Court in accordance with the law, shall be submitted to the Supreme People's Court for approval. According to Article 246 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) and the relevant provisions of the review procedure for death sentences, the Supreme People's Court shall interrogate the defendant when reviewing death penalty cases, and shall listen to the opinions of defense lawyers if they so request. Lawyers can promote a comprehensive review by submitting non-approval defense opinions, supplementary sentencing circumstances, and pointing out evidence and procedural doubts through the system. If the Supreme People's Court does not approve the death penalty, the case may be sent back for retrial or a modified verdict. However, the outcome of individual cases depends on the evidence and the application of the law itself, and there is no fixed probability. It can be used for reference.Criminal defenseColumn.

1. Problem background and typical scenarios

Most of the people who pay attention to this issue are defendants in death penalty cases and their close relatives. Firstly, if the defendant is sentenced to death with immediate execution in the first and second instance, and the case is submitted to the Supreme People's Court for review, the family members want to know if there is still room for appeal. Secondly, if there are doubts about the facts or evidence of the case, the family members believe that the evidence for conviction does not meet the standards for the death penalty. Thirdly, if the mitigating circumstances such as voluntary surrender, meritorious service, the victim's fault, and compensation and reconciliation have not been fully recognized. Fourthly, if there are flaws in the investigation and evidence collection or trial procedures, and the defense opinions are not accepted. Fifthly, if new materials or clues emerge during the review process. Beijing is the location of the review procedure of the Supreme People's Court, and lawyers in Beijing submit review defense opinions and apply for face-to-face statements relatively frequently. The related defense work can be referred to for reference.Criminal defenseColumn.

II. Key points of dispute

First, whether the facts and evidence meet the standards for applying the death penalty, which require "clear facts and conclusive evidence," and whether reasonable doubts can be eliminated. Second, whether the sentence is for an extremely serious crime that must be executed immediately, or whether there are circumstances that do not require immediate execution, which directly relates to whether the death penalty is approved or not, or whether the sentence will be changed after disapproval. Third, the identification of statutory and discretionary mitigating circumstances, including voluntary surrender, confession, meritorious service, accomplice status, victim's fault, active compensation and obtaining understanding, etc. Fourth, the legality of the procedure, whether the investigation and evidence collection are standardized, whether there are illegal evidences that should be excluded, and whether the trial procedure guarantees the right to defense. Fifth, the submission channels and review methods of new evidence and new materials. Sixth, the handling path after disapproval, where the Supreme People's Court may send the case back for retrial or issue a modified judgment. Specifically, the current effective laws and regulations and judicial rulings shall prevail. The organization of review opinions and sentencing materials can be referred to for reference.Special services and other casesColumn.

III. Professional analysis by Henglue Law Firm

Judging from the experience of lawyers from our firm in handling death penalty review defense and major criminal cases, the value of lawyers in the review stage focuses on three aspects. Firstly, clarifying the doubts about evidence: The review is mainly conducted through written review and is not open to the public. The court will not actively discover problems from the defense's perspective. Lawyers must comprehensively review the case files and put forward written opinions on issues such as the broken links in the evidence chain, contradictions between confessions and objective evidence, and flaws in appraisal opinions. Secondly, substantiating sentencing circumstances: Growth experiences, mental and physical conditions, the victim's fault in the conflict, and the progress of civil compensation and reconciliation all require lawyers to organize materials such as social surveys, medical records, and mediation agreements to support them. Thirdly, making full use of procedural rights: When lawyers request it, the Supreme People's Court shall hear the defense lawyers' opinions on death penalty cases and may also apply for face-to-face statements, which are important procedural rights of defendants in death penalty cases during the review stage. Lawyers from our firm suggest that the review stage is time-limited and the materials are highly professional. Families should entrust lawyers as early as possible and provide truthful sentencing materials such as the defendant's experiences, medical history, and family situation. The organizing points of relevant opinion letters can be referred to for reference.Special services and other casesColumn.

IV. Practical suggestions and legal basis

Action suggestions: First, immediately after the death sentence is handed down, commission a lawyer with experience in defending death penalty cases to strive to continuously submit opinions at every stage of the review process; Second, systematically organize evidence of sentencing circumstances, including compensation certificates, letters of understanding, social investigation reports, and medical records; Third, the written defense opinions should focus on two main lines: "whether the evidence meets the death penalty standards" and "whether it is necessary to execute the sentence immediately"; Fourth, for cases involving personal injury compensation and negotiation of understanding, reference can be made simultaneouslyPersonal injury and medical disputes栏目，把握「早赔偿、早谅解」的窗口期；五是家属保留被告人成长记录与就医材料，配合律师完成社会调查。法律依据方面，《中华人民共和国刑法》（2023年12月29日修正）第四十八条规定死刑只适用于罪行极其严重的犯罪分子及报核程序，第四十九条规定犯罪的时候不满十八周岁的人、审判的时候怀孕的妇女不适用死刑，审判的时候已满七十五周岁的人不适用死刑但以特别残忍手段致人死亡的除外；《中华人民共和国刑事诉讼法》（2018年10月26日修正）第二百四十六条规定死刑由最高人民法院核准，死刑复核程序的相关规定明确了讯问被告人与听取辩护律师意见的要求。

5. Henglu Law Firm's Reminder

Risk Alert: Firstly, during the review of the death penalty, the hearing is not public and the review is mainly conducted in writing. If you do not actively submit high-quality defense opinions, you will be giving up on the procedural opportunities. Secondly, during the review period, you can still submit new evidence and materials. Do not give up just because the second-instance court upheld the original judgment. Thirdly, family members should not trust intermediaries who claim that "they have connections and can help release the person". Not only might they be cheated out of their money, but the case might also be made worse. Fourthly, lawyers' opinions should be based on facts and laws. Any absolute promises about the outcome do not comply with professional norms. It is recommended to consult a lawyer as soon as possible.Beijing Henglue Law FirmOn the official website's criminal category page, professional lawyers evaluate the potential for review and defense of individual cases.

VI. Frequently Asked Questions

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

The main tasks include: comprehensively reviewing the examination papers, sorting out the evidence and doubts, and submitting written defense opinions; applying for a meeting with the defendant to verify the situation; applying for a face-to-face presentation of defense opinions. According to the relevant provisions of the Criminal Procedure Law, the Supreme People's Court shall interrogate the defendant when reviewing death penalty cases, and shall listen to the opinions of defense lawyers who make requests; supplementing the submission of sentencing circumstances materials, such as compensation and understanding, social investigation, and medical records; and raising review requests on issues related to the investigation and trial procedures. The involvement of lawyers enables the review to hear the complete voice of the defense side.

Q2: How long does the review of a death sentence typically take? Is there a time limit for it?

The law does not stipulate a clear time limit for the review of the death penalty. In practice, it usually takes several months, and cases with complex circumstances, questionable evidence, or the need for additional materials will take even longer. It's not uncommon for individual cases to last more than a year. The review results are issued in the form of a ruling, during which defense lawyers can submit supplementary opinions multiple times. Families should prioritize the quality of the materials rather than speculating about the timeline, and the specific progress should be subject to the notifications from the case-handling authorities.

Q3: What will happen if the Supreme People's Court does not approve the death penalty?

According to the relevant provisions of the Criminal Procedure Law on the review procedure for the death penalty, if the Supreme People's Court, after review, considers that the death penalty should not be approved, it may not approve it and send the case back for retrial or make a change in the sentence, for example, changing the sentence to a lighter punishment such as a two-year suspended death sentence. Not approving the sentence means that the case will not proceed to the execution of the death penalty, and the case will return to the trial process for further handling. This is precisely the institutional value of the review procedure as the "last checkpoint".

Q4: Can lawyers meet with the defendant during the review stage of the death penalty case?

Yes. Defense lawyers may, in accordance with the regulations, apply to the supervision facilities to meet with the defendants, verify the case facts, listen to their opinions on the original judgment, inform them of the progress of the review, and communicate with them on their attitude towards pleading guilty and their psychological state. The formalities of the meeting generally require a lawyer's practice certificate, a law firm's certificate, and the entrustment procedures. The specific arrangements shall be subject to the requirements of the supervision facilities. Only by combining the meeting with written opinions can a complete review defense be formed.

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

First, engage a professional lawyer as soon as possible, sign a standardized power of attorney contract, and verify the lawyer's practicing license number; Second, provide truthful sentencing materials such as the defendant's growth experience, medical history, and family situation; Third, within their financial capabilities, cooperate in promoting civil compensation and reaching a settlement with the victim, which is often an important factor affecting the depth of the review; Fourth, be vigilant against fraud under the guise of "using connections" or "guaranteeing that the application will not be approved", to avoid secondary harm; Fifth, maintain stable communication with the lawyer and provide supplementary materials in a timely manner.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers 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.