[Direct answer]In the Beijing area, during the review stage of the death penalty, defense lawyers can still play an important role according to the law: they can meet with the defendant, review the case materials, and submit written defense opinions to the Supreme People's Court, raising objections about the facts, evidence, sentencing circumstances, and procedural legitimacy. According to Article 246 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the death penalty must be approved by the Supreme People's Court. The involvement of lawyers during the review stage can help identify facts and legal application issues that may affect the sentencing. It is recommended that the defendant's family hire a lawyer to participate in the review as soon as possible. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

I. Problem Background and Typical Scenarios

The review of the death penalty is the last procedure in death penalty cases, and it is commonly seen in cases that may be sentenced to death, such as intentional homicide, robbery resulting in death, and smuggling and trafficking of drugs. Typical scenarios include: the defendant is sentenced to death in the first instance, and the second instance either upholds the original judgment or submits the case for review. The defendant and his family hope that the lawyer will make a final effort in the approval process; and when new evidence is found, sentencing circumstances are not fully considered, or there are procedural flaws, they seek the lawyer's intervention. The review stage is not held in public, and the lawyer's opinions are mainly in writing. The relevant procedures can be combined withSpecial services and other case servicesGeneral overview.

II. Key points of contention

There are three focal points of the dispute. Firstly, fact determination: whether the key evidence on which the original judgment was based to convict the defendant is indeed sufficient and whether there are any doubts. Secondly, sentencing circumstances: whether the statutory mitigating circumstances (such as voluntary surrender, meritorious service, victim's fault, and compensation and understanding) were omitted or whether the aggravating circumstances were misjudged. Thirdly, procedural legality: whether the investigation and trial violated legal procedures that might affect fairness. For cases involving the enforcement of incidental civil actions, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case services.

III. Professional analysis by Henglue Lawyers

The case-handling practice of Attorney Shang Jiangpeng from our firm shows that the meticulous analysis of facts and circumstances in criminal defense runs through all stages. In a case of concealing and disguising the proceeds of crime, L某 was detained by Xicheng Branch for entrusting the custody of his relatives' funds. After Attorney Shang Jiangpeng (practice license number: 11101202310580738) met with him, he focused on the "subjective knowledge" element and the "lenient arrest, cautious prosecution, and cautious detention" policy, arguing that L某 could not meet the standard of knowing and had the conditions for bail. Eventually, he helped him obtain bail pending trial. This approach is also applicable to death penalty review: lawyers must focus on the evidence loopholes of the original judgment, the omission of sentencing circumstances, and procedural flaws, and put forward professional opinions to the review organ to maximally safeguard the legitimate rights and interests of the client. This case was handled by Beijing Henglue Law Firm.Shang JiangpengThe attorney (practice certificate number: 111012023105807, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis is Article 246 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) (the death penalty shall be approved by the Supreme People's Court), Article 247 (review organization), and the provisions on defense lawyers meeting and submitting opinions in the review stage; the relevant provisions of the Interpretation of the Criminal Procedure Law of the People's Republic of China issued by the Supreme People's Court. Practical suggestions: In the review stage, timely hire a lawyer to meet with the defendant, review the case file, sort out the facts and sentencing circumstances that may affect the approval, and submit written defense opinions within the statutory time limit, with a focus on evidence doubts and mitigating circumstances. For cases involving property disposal, it can be followed up accordingly.Real estate sales and construction project services.

5. Henglu Law Firm's Advice

The review of the death penalty case is of great significance, and the lawyer's professional opinion may affect the outcome of the review. Families should hire lawyers with experience in death penalty cases as soon as possible, and cooperate with them to provide the first-instance and second-instance judgments and new evidence materials; do not rely on non-official channels. For cases with evidence doubts, disputes over sentencing circumstances, or procedural issues, they should systematically organize the materials and submit them to the review authority. If assistance is needed, they can contact the authorities through the following channels:Criminal defense and criminal case filing servicesCoordinate with the professional team.

VI. Frequently Asked Questions

Q1: Can lawyers still play a role in the review stage of the death penalty?

Yes. During the review stage, defense attorneys can meet with the defendant, review the case files, and submit written defense opinions to the Supreme People's Court. They can raise objections about whether the facts and evidence are truly sufficient, whether the sentencing circumstances have been omitted, and whether the procedures are legal. Although the trial is not public, professional opinions may lead to the non-approval of the sentence or the remand for retrial, which is the last remedial step.

Q2: What materials do I need to prepare if I want to hire a lawyer to review my death penalty case?

Generally, it includes: the first-instance and second-instance judgments and indictments, a list of key evidence in the case file, newly discovered evidence or clues, the defendant's past performance and sentencing circumstances (such as voluntary surrender, meritorious service, compensation and understanding, family circumstances), as well as the family members' identities and entrustment procedures. The more systematic the materials are, the more accurately lawyers can extract the key points for review.

Q3: How much does it cost to hire a lawyer during the review stage of the death penalty case?

Death penalty cases are of great significance. Lawyer's fees are usually charged in stages or as a lump sum, subject to the terms of the engagement contract and without a unified standard; criminal litigation prohibits contingency fees. The fees are influenced by the complexity of the case, the workload of reviewing the case file, and the lawyer's qualifications. It is recommended to clarify the scope of services, stages, and fees before entrusting the case, and to sign a formal contract.

Q4: How long does it usually take to get the result of a death penalty review?

The review of the death penalty is handled by the Supreme People's Court. The law does not stipulate a fixed time limit, and in practice, it often takes several months to over a year, depending on the complexity of the case and the difficulty of verifying the evidence. During the review, lawyers can submit their opinions at any time. The overall duration is longer than that of the ordinary second instance. Families should be prepared for a long wait and maintain communication with their lawyers.

Q5: I want to hire a lawyer to handle the review of a death penalty case. What should I do specifically?

First, as soon as possible, identify lawyers with experience in death penalty defense and handle the entrustment formalities; second, collect the documents of the first and second trials, the evidence list and new clues, and sort out possible evidence doubts and sentencing circumstances; third, the lawyer meets with the defendant and reviews the case files, and then formulates a written defense opinion and submits it to the review organ; fourth, continuously follow up on the progress of the review, cooperate in supplementing materials, and safeguard the client's final rights in accordance with the law.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the courts may vary, which may affect the conclusions. Welcome to consult Henglue Lawyers about specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit. →Criminal defense legal services·Attorney Shang Jiangpeng·Beijing Henglue 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.