[Direct answer]In the Beijing area, the death penalty is approved by the Supreme People's Court (amended on October 26, 2018, Article 246 of the Criminal Procedure Law of the People's Republic of China), and the death penalty with a two-year reprieve is approved by the higher people's courts. The review stage of the death penalty is the last procedural checkpoint before the judgment takes effect: the Supreme People's Court shall interrogate the defendant when reviewing death penalty cases, and shall listen to the opinions of the defense lawyers if they so request. The Supreme People's Procuratorate may also put forward opinions (Article 251). What family members can do at this stage includes: hiring defense lawyers with experience in death penalty cases as soon as possible, assisting in organizing materials such as voluntary surrender and meritorious service, compensation and understanding, family situation, etc. to prove that the defendant deserves a lighter sentence and not to be approved. The outcome depends on the facts, evidence, and legal application. Any promises of guaranteed success are not credible. For reference only.Criminal defenseColumn.

I. Problem Background and Typical Scenarios

Such problems often arise after the intermediate court sentences the defendant to death in the first instance, and the defendant appeals or does not appeal the case for review. The typical situation of the families is that the case has gone through the first instance and even the second instance, with great emotional and financial exhaustion, and they do not understand the procedural characteristics of the death penalty review stage; common questions include whether the families can meet with the defendant, whether there is still room for appeal, and what lawyers can do. Nationwide, the review of death penalty cases is conducted by the Supreme People's Court, with the review process mainly conducted in writing and in a non-public manner. The quality of cooperation between families and lawyers directly affects the depth of the opinion materials, and the related defense work can be referred to for reference.Special services and other casesColumn.

II. Key points of contention

Focus I: The special nature of the approval process. The Supreme People's Court shall interrogate the defendant during the review, and shall hear the opinions of the defense attorney if requested. This is the statutory window for submitting materials. Focus II: Common reasons for disapproval, such as doubtful facts and evidence, unbalanced sentencing, and the emergence of new mitigating circumstances. Focus III: The positioning of family members' materials. Circumstances such as compensation and understanding, victim's understanding, and family difficulties need to be verified and accompanied by evidence, rather than oral statements. Focus IV: The boundary between suspended execution of the death penalty and immediate execution of the death penalty. Those who do not commit intentional crimes during the period of suspended execution of the death penalty will be reduced to life imprisonment. The differences between the two outcomes are huge, and the defense focus is different. Focus V: Procedural discipline. It is strictly prohibited to forge evidence, collude with witnesses, or use connections to interfere with the judicial process. Focus VI: The division of labor between family members and lawyers. Family members are responsible for factual and family background materials, and lawyers are responsible for legal argumentation. Specifically, the current effective laws, regulations, and judicial rulings shall prevail.

III. Professional analysis by Henglue Lawyers

From the perspective of defense practice, the work in the death penalty review stage highly relies on professional accumulation. Lawyers from our firm once represented the family of a victim in a case of intentional homicide in participating in a criminal incidental civil action. The court sentenced the defendant to death for intentional homicide. We have direct experience in evidence review and sentencing argumentation in such major cases. As for the defense points in the death penalty review stage: First, we comprehensively verify the evidence in the case, search for clues to exclude illegal evidence and identify doubts in fact determination; Second, we systematically organize mitigating circumstances, such as voluntary surrender, meritorious service, victim's fault, compensation and reconciliation, and first-time or occasional offenders; Third, we pay attention to sentencing balance, as changes in the handling approach of similar cases may affect the approval result; Fourth, we take written defense opinions as the main line, supplemented by the statutory procedure of applying for a face-to-face hearing in accordance with Article 251. Common misunderstandings at the family level include: believing that money can buy influence through connections, frequently pressuring the case-handling organs on their own, delaying entrustment and leading to rushed materials, and easily believing the promises made by intermediaries. The death penalty review relates to the application of the most severe punishment, and the professionalism and authenticity of the materials are fundamental. This case is handled by Beijing Henglue Law Firm.Shang JiangpengThe attorney (practice license number: 111012023105807, the document issued by the judicial administrative organ shall prevail) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, after the judgment is submitted for review, promptly entrust a lawyer to act as the defendant's attorney during the death penalty review stage and handle the entrustment and authorization procedures. Second, assist the lawyer in collecting and verifying mitigating evidence, such as compensation certificates, letters of understanding, medical records, and certificates of family support status. Third, submit written defense opinions through the lawyer and apply for a face-to-face hearing. Fourth, maintain open communication and cooperate with the lawyer in discussing defense strategies. Fifth, properly manage emotional and family matters to avoid extreme behaviors that may affect the evaluation of the case. Legal basis: Article 48 of the Criminal Law of the People's Republic of China (amended on December 26, 2020) stipulates that the death penalty shall only be applied to criminals who have committed extremely serious crimes, and all death penalty cases except those sentenced by the Supreme People's Court in accordance with the law shall be submitted to the Supreme People's Court for approval. 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, Article 248 stipulates that cases involving a two-year reprieve from execution of the death penalty shall be approved by the higher people's courts, and Article 251 stipulates the procedures for interrogating the defendant, hearing the defense lawyer's opinions, and receiving opinions from the Supreme People's Procuratorate during the review process.

5. Henglue Law Firm's Reminder

Risk Warning: First, the review stage of the death penalty case mainly relies on written review, and the quality of the materials determines the extent to which the case will be heard. Delays and evasions come at a high cost; Second, forging letters of understanding, meritorious service materials, etc. are suspected of constituting a crime. It is essential to ensure the authenticity of the materials; Third, family visits are limited. Progress can mainly be obtained through communication with defense lawyers, so it is necessary to be mentally prepared; Fourth, any intermediary claiming that money can save lives or manipulate the outcome is a high-risk situation of fraud. Do not transfer money to them; Fifth, even after entering the review process, there is still a possibility that the review will not be approved or the case will be sent back for retrial. It is necessary to defend oneself in accordance with the law rather than giving up. It is recommended to handle the case as soon as possibleBeijing Henglu Law FirmOn the official website, you can consult about defense matters in the review of the death penalty case, and professional lawyers will evaluate the materials and arrange the procedures for you.

VI. Frequently Asked Questions

Q1: How long does the review of a death sentence typically take?

The law does not stipulate a specific review period. The actual duration varies greatly depending on the complexity of the case, the status of the evidence, and whether additional materials are needed, ranging from a few months to several years. During the review period, the Supreme People's Court shall question the defendant, and if the defense lawyer requests it, the court shall listen to his or her opinions. The Supreme People's Procuratorate may also put forward its opinions. Families should take advantage of this opportunity to entrust lawyers to submit high-quality opinion materials as soon as possible, rather than waiting passively. The progress of the procedure can be understood through the defense lawyer.

Q2: Can family members meet with the prisoner during the review stage of the death penalty case?

During the review stage of the death penalty, the communication with the defendant is mainly conducted through meetings with defense lawyers. Meetings with close relatives usually require approval, and the standards vary from place to place, making it generally difficult to arrange them on a regular basis. Family members can convey their concerns and family situations through lawyers, and entrust lawyers to verify the defendant's physical and mental condition. The specific arrangements for the meetings shall be subject to the provisions of the detention center and the case-handling organ. Family members do not need to forcefully demand them. It is more effective to focus on assisting lawyers in preparing defense materials.

Q3: What is the difference between a suspended death sentence and the immediate execution of the death penalty?

The death penalty with a two-year reprieve is a sentence in which the death penalty is imposed and the execution is postponed for two years, which must be approved by the higher people's court. If there are no intentional crimes during the period of the death penalty with a two-year reprieve, the sentence will be reduced to life imprisonment after the expiration of the two-year period. If there are major meritorious deeds, the sentence will be reduced to fixed-term imprisonment according to the regulations. Only if there are intentional crimes with egregious circumstances will the execution of the death penalty be reported for approval. The immediate execution of the death penalty shall be carried out according to law after being approved by the Supreme People's Court. Although both are death penalties, the actual results differ greatly. It is an important goal to strive for a death penalty with a two-year reprieve during the defense.

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

Lawyers can act as defenders in the review stage of the death penalty, fully verify the evidence and submit written defense opinions. Upon request, the Supreme People's Court may hear the opinions in person. Lawyers can also meet with the defendant and communicate with the Supreme People's Procuratorate about opinions and clues. The opinions focus on the doubts of factual evidence, sentencing circumstances, and legal application, such as voluntary surrender and meritorious service, compensation and understanding, and the victim's fault. The in-depth participation of professional lawyers is the most core procedural right of the parties in this stage.

Q5: What are the first few things that family members should do now?

The first step is to appoint a lawyer with experience in death penalty cases as the defense attorney during the review stage and handle the entrustment procedures as soon as possible. The second step is to cooperate with the lawyer to collect and verify materials that can mitigate the crime, such as compensation and understanding certificates, medical records, and proof of family support. The third step is to verify the case facts and defense opinions with the lawyer and the defendant. The fourth step is to reject any claims of bribing officials or promising results, so as to avoid secondary harm. The fifth step is to arrange family affairs and maintain open communication. The overall work should be carried out under the coordination of the lawyer, and the following can be referenced for reference:Special services and other casesColumn.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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·Attorney Shang Jiangpeng·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. If you encounter disputes, please consult a practicing lawyer in time.