[Direct answer]In the Beijing area, there is no, and there can be no, a unified "success rate" answer to this question. Death penalty review cases are not heard in public, and the authorities do not regularly release overall statistics on whether they are approved or not. Any fixed percentage circulating online lacks reliable basis and should not be used as a reference for decision-making. What can be clearly stated is the value of the procedure itself: According to Article 48 of the Criminal Law of the People's Republic of China (amended on December 29, 2023), except for death sentences handed down by the Supreme People's Court in accordance with the law, all other death sentences shall be submitted to the Supreme People's Court for approval. In cases where there are doubts about the evidence, the sentence does not need to be immediately executed, or new circumstances arise during the review, the Supreme People's Court may not approve the sentence and send the case back for retrial or impose a modified sentence. The professional intervention of defense lawyers is an important factor in promoting such comprehensive reviews. Rather than obsessing over probabilities, it is better to focus on practical efforts such as organizing evidence, assessing sentencing circumstances, and seeking compensation and understanding, which can serve as a reference for future work.Criminal defenseColumn.

I. Problem Background and Typical Scenarios

Those who search for "success rate of death penalty review" are mostly the close relatives of defendants whose death sentences were upheld in the second instance and immediately executed: First, they still have doubts about the conviction evidence and hope to know the possibility of reversal in the review stage; Second, they want to confirm whether there is still room for remedies for sentencing circumstances such as voluntary surrender, meritorious service, victim's fault, and compensation and understanding; Third, new evidence or materials emerged during the review; Fourth, they are overwhelmed by various "data" and "relationship" information on the Internet and want to verify their authenticity. Beijing is the seat of the Supreme People's Court, where practical operations such as submitting defense opinions for review and applying for in-person statements are carried out. Families should consult with professional lawyers as soon as possible for evaluation, and refer to the relevant procedures for more information.Criminal defenseColumn.

II. Key points of contention

First, what constitutes "success": The defense goal in the review stage is to prevent the approval of the death penalty and push for a retrial or a change in the verdict. This is a result of a different level from acquittal, and confusing the two can easily lead to wrong expectations. Second, the core variables affecting the outcome: Whether the evidence system meets the death penalty standards, whether the sentencing circumstances are sufficient, the implementation of civil compensation and reconciliation, and the social impact of the case. Third, why the data is unavailable: The review process is not a public hearing, and not all judgment documents are posted online. Any claim that one has access to internal ratios lacks a credible source. Fourth, the relationship between the second-instance review and the review: The review is an independent review, and the fact that the second-instance review upholds the verdict does not necessarily mean that the review will approve the death penalty. Fifth, identifying false claims: Statements such as "guaranteeing non-approval" and "knowing the case handlers" are both unethical and potentially illegal. Specifically, please refer to the currently effective laws, regulations, and judicial rulings. The organization method of sentencing materials can be referenced for reference.Special services and other casesColumn.

III. Professional analysis by Henglue Law Firm

Judging from the experience of lawyers handling death penalty review defense and major criminal cases in our firm, it's better to grasp the two main lines of review and examination rather than dwell on probabilities. The first line is the evidence line: Review and examination insists on comprehensive review. Defense lawyers should check the integrity of the evidence chain, the corroboration relationship between confessions and objective evidence, and the scientificity of appraisal opinions item by item. Anything that does not meet the standards of "clear facts, reliable and sufficient evidence" and excludes reasonable doubts should be systematically pointed out in writing. The second line is the sentencing line: Whether it is necessary to execute the sentence immediately is the core of review and examination. Lawyers should make the circumstances of voluntary surrender and confession, meritorious service, victim's fault, active compensation and obtaining forgiveness, the defendant's mental and physical condition, and the conclusions of social investigation concrete and detailed, so that reviewers can see the factual basis for not executing the sentence immediately. In addition, the submission of new evidence and materials during the review period is not limited by the conclusions of the second instance. Lawyers can also apply for face-to-face statements of opinions. As for the result, the ruling of not approving the review means that the case will not enter the death penalty execution process and will be sent back for retrial or changed judgment according to law. However, whether this can happen in a specific case depends on the evidence and the application of the law itself. Any promises based on probabilities are not credible. The preparation norms of relevant materials can be referred to for reference.Special services and other casesColumn.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, set goals rationally and focus the review of the defense on two arguable aspects: "evidential standards" and "whether it is necessary to implement immediately". Second, continuously submit high-quality written defense opinions and apply for a hearing, so as not to let the process idle. Third, advance civil compensation and reconciliation as soon as possible, and the compensation plan for personal injury can be used for referencePersonal injury and medical disputes1. In the review process, compensation and apologies are often one of the most important discretionary factors to be considered; 2. The defense attorney shall fully preserve the defendant's growth records, medical records, and family situation materials, and cooperate with social investigations; 3. Verify the lawyer's practice license number, sign standardized power of attorney contracts, and refuse to make any outcome promises; 4. In terms of legal basis, Article 48 of the Criminal Law of the People's Republic of China (amended on December 29, 2023) stipulates the application conditions and approval procedures for the death penalty, and Article 49 stipulates that the death penalty shall not be applied to minors, pregnant women, and elderly people meeting certain conditions; 5. Article 246 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that the death penalty shall be approved by the Supreme People's Court, and the relevant provisions of the death penalty review procedure specify that the review shall include interrogating the defendant and hearing the opinions of the defense attorney if requested by the defense attorney.

5. Henglu Law Firm's Reminder

Risk Warning: Firstly, there is no guarantee for the review results. Anyone who claims "100% disapproval" or shows "internal data" is engaging in illegal promotion or even fraudulent practices; Secondly, family members should focus their energy and resources on gathering evidence, seeking compensation and reaching settlements through legitimate channels, rather than so-called "connections and bribes", which may lead to financial losses and legal risks; Thirdly, the psychological state of the parties and the support from their families during the review process also affect the handling of the case. It is necessary to maintain stable communication; Fourthly, before entrusting a lawyer, it is essential to verify the lawyer's practice license number and the law firm's qualifications, and to sign a written contract to clarify the stages of representation and the fees. It is recommended to seek legal advice as soon as possible.Beijing Henglu Law FirmOn the official website's criminal category page, professional lawyers provide objective evaluations of individual cases.

VI. Frequently Asked Questions

Q1: Are there any official data on the rate of death penalty review that is not approved?

There is no unified regular public disclosure system. Death penalty review cases are not heard in public, and the Supreme People's Court has not released overall statistical data on whether the review has been approved or not. Some ruling documents are selectively disclosed, making it impossible to calculate a reliable percentage based on this. The specific percentages circulating online have no official basis. Families should view them with caution and focus on preparing evidence and sentencing circumstances for individual cases, rather than being led by unverifiable data.

Q2: Can new evidence still be submitted during the review stage of the death penalty case?

Yes. The review and reexamination is a comprehensive review. Defense attorneys can submit new evidence, new materials, and written defense opinions to the Supreme People's Court, and may apply for oral statements. For key materials obtained or discovered after the second instance, they should be fixed and submitted as soon as possible. New evidence should pay attention to the legality of the source and its relevance. It is best to cooperate with lawyers to complete the evidence collection and explanation, and avoid submitting it in a scattered manner, which may weaken its persuasiveness.

Q3: What is the case process after the death penalty is not approved?

After review, if the Supreme People's Court deems that the death penalty should not be approved, it may rule that it is not approved and send the case back for retrial or impose a different sentence. The case will not proceed to the execution of the death penalty. Cases sent back for retrial will be tried by a collegial panel formed by the original trial court in accordance with the law, and the sentence may be adjusted to a lighter punishment such as a two-year reprieve from execution of the death penalty. Regardless of the outcome, the case will return to the judicial process and continue to be handled in accordance with the law.

Q4: Are the approval for the immediate execution of the death penalty and the approval for a stay of execution the same thing?

No. According to Article 48 of the Criminal Law and the relevant litigation procedures, the death penalty shall be executed immediately unless it is decided by the Supreme People's Court in accordance with the law. In this case, the death penalty shall be approved by the Supreme People's Court. For cases where the death penalty is suspended for two years, it shall be approved by the Higher People's Court. The two are different in terms of the applicable objects, the reviewing authorities, and the procedural levels. The death penalty with a two-year reprieve is not the same as the death penalty being executed immediately. It is also very common for the death penalty with a two-year reprieve to be reduced to life imprisonment according to law after the expiration of the two-year period.

Q5: How can family members determine whether the lawyer handling the review of a death penalty case is reliable?

There are four aspects to verify: First, check the lawyer's practicing license number and the qualifications of the law firm they belong to, which can be verified through the judicial administrative organs or the Bar Association; Second, see if they truthfully inform you of the risks. A reliable lawyer will explain the advantages and disadvantages clearly, rather than making promises about the outcome; Third, check whether their experience in handling death penalty and major criminal cases, as well as their defense strategies, are specific; Fourth, sign a standardized written power of attorney contract, which clearly defines the stages of representation, the scope of work, and the fees. Stay away from anyone who uses "connections" or "guarantees" as selling points.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 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 the event of a dispute, please consult a practicing lawyer in a timely manner.