[Direct answer]In the Beijing area, if the review of the death penalty is not approved, the case will not be approved for execution of the death penalty. The Supreme People's Court may rule to send the case back for retrial or make a different judgment through a review. If the case is sent back for retrial, the original trial court shall form a collegial panel to conduct the trial, and the defendant has the right to obtain defense. The right to approve the death penalty belongs exclusively to the Supreme People's Court (Article 246 of the Criminal Procedure Law of the People's Republic of China, as amended and implemented on October 26, 2018). During the review stage, lawyers can submit defense opinions in accordance with the law and strive to have the doubts about the facts and the mitigating circumstances accepted. It is recommended to entrust professional lawyers to intervene as soon as possible. For more details, please refer toCriminal defense and legal services for criminal case filing.

I. Problem Background and Typical Scenarios

For cases sentenced to death in the first instance and upheld in the second instance, the case is then submitted to the Supreme People's Court for approval in accordance with the law, entering the death penalty review process. At this stage, the defendant's family is most concerned about two issues: whether there is still hope, and what will happen next. A common misunderstanding is that "review is just a formality," or blindly writing letters and sending materials repeatedly, ignoring the legal channel of submitting defense opinions through lawyers. The review process does not hold a trial. Written opinions and interrogation results are important materials that affect the judgment. The way and timing of professional intervention directly affect whether the defense's views can be fully presented.

II. Key points of contention

There are three key points of the controversy. Firstly, facts and evidence: whether the facts established by the original judgment are clear and the evidence is truly sufficient, and whether there are contradictions or illegal evidence that has not been excluded. Secondly, sentencing circumstances: whether mitigating circumstances such as voluntary surrender, meritorious service, confession, compensation and reconciliation, victim's fault, first-time offender or occasional offender have been fully evaluated. Thirdly, procedural legality: whether the interrogation, protection of the right to defense, and evidence collection procedures affect the fairness of the judgment. The defense space in the review stage often lies in these details. For cases involving property restitution and appeasement of the victim, it can be followed up accordingly.Creditor-debtor relations and enforcement case servicesArrange them together.

III. Professional analysis by Henglue Lawyers

In a case of intentional homicide handled by our firm, on the night of June 16, 2024, after a dispute with staff members over construction quality at a mixing station, the defendant drove his car at a speed of about 60 kilometers per hour and rammed into a laboratory, resulting in one death and two injuries. The victims' families, in their grief, entrusted our lawyers to represent them in the accompanying civil litigation. Through a thorough review of the case file, the lawyers focused on evidence such as the verbal exchanges before the collision, the acceleration of the car, and the lack of evasive action, refuted the defendant's defense arguments about subjective intent, voluntary surrender, and the nature of the crime, and advocated for a heavier punishment for intentional homicide. The court adopted the lawyers' arguments and sentenced the defendant to death for intentional homicide. According to the law, the death sentence must be submitted to the Supreme People's Court for approval. The review will focus on the facts, evidence, and sentencing again. The defense can still submit defense opinions in accordance with the law. This case was handled by Beijing Henglue Law Firm.Shang JiangpengThe attorney (practice license number: 111012023105807, subject to the document 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 and implemented on October 26, 2018) (the death penalty shall be approved by the Supreme People's Court) and the relevant provisions on the review procedure for the death penalty. If the review is not approved, the case may be sent back for retrial or remanded for a change of sentence; if the case is sent back for retrial, a new collegial panel shall be formed, and the defendant shall enjoy the right to defense. Practical suggestions: During the review stage, entrust a lawyer to review the case file comprehensively, and formulate written opinions around the doubts about the facts, the contradictions in the evidence, and the mitigating circumstances; propose procedural matters such as obtaining evidence, excluding illegal evidence, and interrogating the defendant in accordance with the law; at the family level, actively promote compensation and understanding, and provide materials such as the defendant's expression of remorse in a truthful manner. Specifically, refer to the currently effective provisions and the requirements of the case-handling authorities.

5. Henglue Law Firm's Reminder

The review of the death penalty is the last procedural safeguard, but it's not a "formal review". Whether the defense can clarify the factual doubts, evidence contradictions, and mitigating circumstances directly affects the outcome of whether the sentence will be approved, sent back for review, or modified. Families should maintain rational expectations, neither believing in the rhetoric of "bribing officials" nor giving up their legal rights. All claims should be raised through lawyers and legal channels. It's strictly prohibited to fabricate evidence or interfere with the judicial process, otherwise it will backfire. If necessary, an evaluation can be conducted through the following channels:Beijing Henglu Law FirmConsultation.

VI. Frequently Asked Questions

Q1: If the review of the death penalty is not approved, does that mean the person won't be executed?

Not approving the death penalty means that the case will not be approved for execution of the death penalty. There are two possible outcomes: the Supreme People's Court may send the case back for retrial, or it may retry the case and change the verdict according to law. If the case is sent back for retrial, the original trial court will form a collegial panel to hear the case again. The defendant has the right to defense, and the case may still go through a second trial after the retrial. As for the final sentencing, it will still be determined according to the facts and evidence identified in the retrial, and it is not ruled out that a heavier sentence may still be imposed. Therefore, it cannot be simply equated with "being spared the death penalty". Families should have reasonable expectations.

Q2: What should the defense team prepare for the review stage, and which details will be useful?

The focus should be on preparing three types of materials: First, regarding facts and evidence, point out contradictions in the evidence of the original judgment, flaws in appraisals, and clues of illegal evidence collection, and apply for retrieving interrogation audio and video recordings when necessary; Second, regarding sentencing circumstances, such as voluntary surrender, meritorious service, confession, plea of guilty and acceptance of punishment, first-time offenders and occasional offenders, repentance, and the victim's fault, all of which must be supported by evidence or clues; Third, regarding compensation, understanding, and family situation materials, lawyers should present them in a unified manner in the opinion letter. The materials must be true and legal, and submitted through legal channels after being reviewed by lawyers. It is strictly prohibited to forge or exaggerate the materials.

Q3: How much does it cost to hire a lawyer for the review stage?

There is no unified standard for attorney fees. They are usually determined through negotiation between the law firm and the client based on the case circumstances and workload (number of documents reviewed, number of meetings, drafting of legal opinions, and procedural matters). Fees may be charged on a stage-by-stage or full-service basis, with the specific terms subject to the client contract. The review process is highly professional, and document review and argumentation are the core tasks. Before engaging a lawyer, clients should clarify the scope of services and the stages involved. Those who meet the eligibility criteria may apply for legal aid in accordance with current regulations.

Q4: How long does the review of a death sentence typically take, and how long does it take to retry the case after the review is not approved?

There are no clear provisions in the law regarding the time limit for reviewing death penalty cases. In practice, the review period varies from case to case, and it may range from several months to even longer. If the review is not approved and the case is sent back for retrial, the case will return to the first-instance procedure for rehearing, and thereafter it may go through the second-instance procedure again. The overall review period will be determined by the progress of the rehearing. If the review results in a change of the verdict, the Supreme People's Court will adjudicate the case according to law. Families should have reasonable expectations about the review period and focus their energy on cooperating with lawyers to improve evidence and opinions, rather than repeatedly urging for progress.

Q5: What exactly can family members do during the review stage?

First, as soon as possible, the defendant should hire a professional criminal lawyer who will review the case file, meet with the defendant, and submit defense opinions in accordance with the law; second, provide the lawyer with information about the defendant's repentance, voluntary surrender and meritorious acts, consistent performance, family and compensation ability, and assist in verifying it; third, under the lawyer's guidance, handle the relationship with the victim rationally and ensure that the compensation and reconciliation are conducted in a legal manner; fourth, wait patiently for the ruling, keep informed of the progress through the lawyer, do not believe in external "bribing officials" channels, and do not engage in any acts that interfere with the judicial process.

This article is written based on the common judicial interpretations 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 relevant evidence materials, 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 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.