[Direct answer]In the Beijing area, the review of death sentences is the final remedial procedure for death penalty cases. After the defendant is sentenced to death by the final court, the sentence must be approved by the Supreme People's Court before it can be executed. According to Articles 246 to 251 of the Criminal Procedure Law of the People's Republic of China, the defendant and his/her near relatives may appoint lawyers to act as defenders. Lawyers can review the case files, submit written defense opinions, apply for the interrogation of the defendant, and reflect the sentencing circumstances. This procedure is not conducted in public and is mainly based on written review. The professionalism of the lawyer's opinions directly affects the outcome of the review. Given that this involves life and death and the procedure is highly professional, it is strongly recommended to entrust a criminal lawyer with experience in death penalty defense to intervene rather than passively waiting. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

1. Problem background and typical scenarios

During the review stage of the death penalty, the defendant has completed the investigation, prosecution, first-instance trial, and second-instance trial, and the judgment document has already sentenced him to death. The only remaining step is for the Supreme People's Court to approve the sentence. Common situations include: the defendant and his family realize the need for professional defense only after the second-instance trial; lawyers who did not participate in the first-instance and second-instance trials are rushed to take over the case in the review stage, making it difficult to review the case files and supplement the evidence; and some cases have such obstacles to approval as unclear facts, questionable evidence, and unadopted sentencing circumstances. Unlike the first-instance and second-instance trials, the review stage does not hold hearings or be open to the public, and written opinions are almost the main communication channels. For cases involving accompanying civil actions and compensation agreements, they can be combined with the review stage.Special services and other case servicesCoordinate and consider all aspects comprehensively.

II. Key points of contention

The focus of the controversy lies in three aspects. Firstly, facts and evidence: whether the original judgment determined the crime clearly, whether the evidence is truly sufficient, and whether there are illegal evidences or reasonable doubts. Secondly, sentencing circumstances: whether there are mitigating circumstances such as voluntary surrender, meritorious service, accomplice, compensation and understanding, and victim's fault that have not been evaluated. Thirdly, policies and procedures: whether it violates the policy of sparing the life of criminals and exercising caution in sentencing, and whether the approval standards are properly grasped. For the determination of the nature of the crime, reference can be made to the relevant provisions of the Criminal Law of the People's Republic of China and the judicial interpretations issued by the Supreme People's Court.Business and contract dispute resolution services for enterprisesFor criminal qualification rules other than those mentioned above, apply for a re-appraisal or supplementary investigation when necessary.

III. Professional analysis by Henglue Law Firm

The case of concealing and disguising the proceeds of crime handled by Attorney Shang Jiangpeng of our firm during the investigation stage fully demonstrates the impact of professional lawyers' early involvement on compulsory measures and the progress of the case: the client L * was detained by the Xicheng Branch for entrusting funds between relatives. The lawyer met with him immediately and submitted the "Application for Bail" based on the client's lack of subjective knowledge, statutory leniency, and lack of social danger. The case-handling organ adopted the lawyer's opinion to change the compulsory measures to bail during the golden period. Although the case was still in the investigation stage, it shows that every link of criminal defense cannot be separated from professional judgment. In contrast, the review of the death penalty, as the last critical juncture that determines life and death, the value of lawyers' involvement is even more crucial - by reviewing the case files, extracting the grounds for refusal of approval, and submitting high-quality defense opinions, lawyers strive to obtain the opportunity for the defendant to be legally disapproved or sent back for retrial. This case was handled by Beijing Henglu Law Firm.Shang JiangpengThe attorney (practice certificate number: 111012023105807, subject to the certificate issued by the judicial administrative organ) acts as the agent. The relevant procedures can be coordinated accordingly.Creditor-debtor relations and enforcement case servicesUnderstand.

IV. Practical suggestions and legal basis

The core 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 Articles 248 to 251 (right of defense, interrogation, hearing opinions, and approval of the ruling). Practical suggestions: Start the review stage immediately after the second-instance judgment to avoid a legal vacuum; lawyers should timely review all case files and focus on reviewing the factual evidence and sentencing circumstances; write a written opinion on the grounds for approval and deliver it to the case handler; simultaneously promote the fixation of mitigating facts such as compensation and understanding and meritorious clues. For cases involving incidental civil actions, relevant evidence can be collected and submitted together with the review materials.Criminal defense and legal services for criminal case filingDevelop an overall strategy.

5. Henglu Law Firm's Reminder

The review of death penalty cases is not conducted in open court and is not made public. Written defense opinions are almost the only way to defend the defendant, and the quality of these opinions is far more important than their quantity. Do not mistakenly believe that once the final judgment has been made, there's nothing that can be done to change the outcome, nor should you wait until the review is about to be approved before seeking a lawyer. Early intervention allows you to review the case file, collect additional evidence, and identify potential grounds for appeal. At the same time, you should rationally assess the outcome and not easily believe in connections or promises of guaranteed success. If the family members are unclear about the procedures and deadlines, it is recommended that they consult professional criminal lawyers as soon as possible to strive for every possible advantage for the defendant within the legal framework.

VI. Frequently Asked Questions

Q1: Is it really useful to hire a lawyer to review a death penalty case? Can it change the outcome?

It's useful, but whether it changes the outcome depends on whether there are grounds for disapproval in the case itself, rather than any promises. Through reviewing the case file, lawyers can identify issues such as unclear facts in the original judgment, insufficient evidence, illegal evidence collection, or omitted sentencing circumstances, and submit written defense opinions based on these findings to seek disapproval, remand for retrial, or a change in the judgment in accordance with the law. In practice, there have indeed been cases where lawyers raised critical doubts that led to disapproval. Therefore, hiring a lawyer is a necessary step to protect the defendant's rights and exhaust all remedies in accordance with the law. The effectiveness depends on professional judgment and the specific circumstances of the case, and cannot guarantee a specific outcome.

Q2: What materials and procedures do I need to prepare when hiring a lawyer during the review stage of the death penalty case?

The core procedures include: the defense agency agreement and authorization procedures signed by the defendant or their close relatives with the law firm; copies of the judgment documents from the first and second instance trials; and information on known clues to the case and contact persons. After the lawyer gets involved, they can review the case files in accordance with the law, without the need for family members to collect all the case files themselves. If they have clues to mitigating circumstances such as compensation agreements, meritorious service, or new evidence, they should provide them to the lawyer in a timely manner. The goal of organizing the materials is to support the approval of mitigating circumstances, such as factual doubts, evidence defects, and sentencing circumstances, so that the lawyer can write a professional opinion based on these and submit it to the Supreme People's Court.

Q3: How much does it generally cost to hire a lawyer for a death penalty review?

The attorney's fees are negotiated between the law firm and the client and are usually charged on a stage-by-stage or package basis. In death penalty cases, due to the high professional requirements, the heavy workload and responsibility, the fees are relatively higher than those of ordinary criminal cases. The specific fees shall be subject to the contract of entrustment and there is no unified national standard. As for litigation fees, there is no case acceptance fee charged in the review stage of the death penalty. It is recommended to clearly specify the scope of fees, stages and refund conditions in the contract of entrustment stamped with the law firm's official seal, refuse private transfers, and be vigilant against unrealistic promises of results.

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

The law does not stipulate a unified time limit for the review of the death penalty. In practice, the time limit usually varies from several months to longer periods for complex cases. During the review period, the proceedings are not public and no court hearings are held. The review mainly involves written review and hearing opinions. The Supreme People's Court may interrogate the defendant, hear the opinions of the defense attorney, and verify the evidence. If new mitigating facts or doubts arise during this period, supplementary opinions can still be submitted. Overall, the review period is quite flexible, and the families should be prepared for a long-term process and rely on lawyers to continuously follow up on the progress of the case rather than passively waiting.

Q5: If my family member enters the death penalty review stage, what should I do specifically?

It is recommended to proceed in four steps: First, confirm that the original trial judgment has taken effect and entered the review process of the Supreme Court, and clarify the current stage; Second, as soon as possible, entrust a lawyer with experience in death penalty defense, sign the authorization and hand over the judgment documents; Third, cooperate with the lawyer to sort out the mitigating clues, such as compensation and understanding, voluntary surrender and meritorious service, and evidence doubt. The lawyer will review the case files and write a written defense opinion to be delivered to the case handler; Fourth, maintain regular communication with the lawyer, and proceed in accordance with the law rather than relying on connections. Throughout the process, avoid spreading false information or taking illegal measures, and strive for relief based on facts and laws.

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 facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as 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.