[Direct answer]It is recommended to seek legal assistance. The review of death penalty cases is a procedure in which the Supreme People's Court conducts a final review of death penalty judgments. According to 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; during the review, the defendant shall be interrogated, and if the defense lawyer requests it, the defense lawyer's opinions shall be heard. Lawyers may review the case files according to law, submit written defense opinions, apply for the collection or exclusion of evidence, and reflect mitigating circumstances. If the defendant has not appointed a defense lawyer, those who meet the conditions may apply for legal aid. It is recommended that family members engage professional lawyers as soon as possible to participate in the review process.

1. Problem background and typical scenarios

After the case enters the stage of death penalty review, the defendant's family often face a dilemma: if they don't hire a lawyer, they worry that the "last chance" will be wasted; if they hire a lawyer, they worry about the high cost and the lawyer's inability to help. A common misconception is to believe in "relationship-based operations" and "writing letters to plead for mercy", placing hope in non-legal channels. The review process does not hold a trial. Written opinions and interrogation situations are the main channels for the Supreme People's Court to understand the defendant's views. Without a lawyer's supervision, it is difficult to systematically present factual doubts and mitigating circumstances. For more details, please refer toCriminal defense and legal services for criminal case filing.

II. Key points of contention

There are three main points of contention. Firstly, what lawyers can do: review case files, attend hearings, submit opinions, apply for evidence collection and exclusion of illegal evidence, all of which are legally permitted. Secondly, what family members can do: hire lawyers, provide clues for repentance and voluntary surrender, and facilitate compensation and reconciliation, but they are not allowed to contact witnesses, co-defendants, or engage in any acts that interfere with the judicial process. Thirdly, expectation management: lawyers do not promise results when they get involved, but the value lies in presenting the defense's opinions to the adjudicator in a legal and comprehensive manner. For arrangements involving property restitution, follow-up actions can be taken accordingly.Creditor-debtor relations and enforcement case servicesCoordinate and plan things in an organized and efficient way to achieve the best results.

III. Professional analysis by Henglue Law Firm

In a case of intentional homicide handled by our firm, the defendant drove a car into a laboratory after a dispute with others, 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 and evidence analysis, the lawyers argued layer by layer about subjective intent, whether the defendant surrendered voluntarily, and the nature of the crime. In the end, the court sentenced the defendant to death for intentional homicide. This case also highlights that the defense and prosecution in death penalty cases run through the entire process of investigation, first-instance trial, second-instance trial, and review. The sentencing level and the evaluation of mitigating circumstances may be re-examined at each stage, and families have the opportunity to express their opinions through lawyers at every juncture in accordance with the law. 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 (Attribution of the Right to Approve the Death Penalty) of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018) and the provisions on interrogating the defendant and hearing the defense lawyer's opinions in the death penalty review procedure, as well as the provisions on defense and legal aid. Practical suggestions: First, sign the entrustment formalities as soon as possible, so that lawyers have sufficient time to review the case files and draft opinions; Second, the family members should truthfully provide clues such as repentance, voluntary surrender and meritorious service, and compensation and understanding, and let the lawyers verify and submit them according to law; Third, if the family is financially difficult, they can apply for legal aid according to law; Fourth, all claims should be expressed through legal channels, and any illegal promises and "bribing intermediaries" should be rejected. Specifically, the current effective provisions shall prevail.

5. Henglue Law Firm's Reminder

For the final procedure, it's even more important to trust professionals and follow the rules. The purpose of hiring a lawyer is not to "buy the outcome", but to ensure that factual uncertainties, conflicting evidence, and mitigating circumstances are legally recognized. What family members need to do is to hire a lawyer as soon as possible, provide materials truthfully, respond rationally to the outcome, and at the same time, adhere to legal boundaries and refrain from any acts that interfere with the judicial process. If you need a case evaluation, you can contact us through the following channels:Beijing Henglue Law FirmConsult a professional lawyer.

VI. Frequently Asked Questions

Q1: Is it really useful to hire a lawyer during the review stage of the death penalty case?

It's useful and based on the law. According to the Criminal Procedure Law, when the Supreme People's Court reviews death penalty cases, it shall interrogate the defendant and, if the defense lawyer requests it, it shall listen to the defense lawyer's opinions. Lawyers can review the case files according to law, submit written defense opinions, apply for the retrieval of evidence or the exclusion of illegal evidence, and systematically present the doubts about the facts and the mitigating circumstances. Lawyers cannot and should not promise the outcome. Whether the judgment can be influenced depends on the facts and evidence of the case. However, professional intervention can ensure that the defense lawyer's opinions are fully taken into account in the judgment and avoid the omission of key issues.

Q2: What can family members do by themselves during the review stage?

There are four things that family members can and must do: First, appoint a defense lawyer for the defendant as soon as possible, or assist in applying for legal aid; Second, provide the lawyer with truthful materials such as the defendant's repentance, clues to voluntary surrender and meritorious acts, consistent performance, and family difficulties, and have the lawyer verify and submit them in accordance with the law; Third, handle compensation and reconciliation matters rationally under the guidance of the lawyer; Fourth, abide by the legal bottom line, not contacting witnesses or co-defendants, not sending false materials, and not believing in any "bribing officials" channels. Any actions that exceed the legal boundaries will not only be ineffective, but may also have adverse effects on the defendant.

Q3: Are the fees for lawyers during the review stage high? How are they charged?

There is no standard fee for legal services. The fee is determined through negotiation between the law firm and the client based on the complexity of the case, the workload of reviewing documents, the preparation of legal opinions, and procedural matters. The fee is usually charged in stages, and the specific terms are subject to the contract between the client and the lawyer. Before entrusting a lawyer with a case, it is recommended to clarify with the lawyer the scope of services (whether it includes reviewing documents, attending meetings, submitting opinions, and following up on procedures) and the fee calculation method. For those who are financially struggling, they can apply for assistance from legal aid agencies in accordance with the law. For quotes that are significantly higher or lower than the market rate, one should remain vigilant and make decisions with caution.

Q4: How long will it take to see progress or results after the lawyer gets involved?

There is no clear statutory time limit for the review of the death penalty, and the review period varies depending on the case. After lawyers get involved, the usual steps are: review the case file, meet with the defendant, draft and submit written defense opinions, and, if necessary, apply for evidence collection or procedural relief. Then, they wait for the review conclusion from the Supreme People's Court. Families should learn about the progress of the procedure through lawyers and should not repeatedly urge them. The review result may be approval, remand for retrial, or retrial and sentencing modification. Regardless of the outcome, lawyers will provide suggestions on the follow-up procedures.

Q5: If the family decides to hire a lawyer, what is the specific process?

The process generally consists of four steps: First, have a meeting with the lawyer to verify their qualifications for criminal defense and their experience in handling death penalty cases, and explain the current stage of the case; Second, sign a power of attorney contract, clarifying the stages of representation (e.g., death penalty review), the scope of authority, and fees; Third, cooperate with the lawyer by providing information about remorse, voluntary surrender, compensation, and reconciliation, and assist in arranging meetings; Fourth, the lawyer reviews the case file and submits defense opinions according to the law, while family members maintain communication and wait patiently. It is crucial not to trust verbal promises, and all matters should be governed by written contracts and legal procedures.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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. If you encounter disputes, please consult a practicing lawyer in time.