[Direct answer]In the Beijing area, there is no uniform probability for commuting the death penalty to a suspended death sentence, which depends on whether the case has mitigating circumstances, whether the evidence meets the standard of an extremely serious crime, and whether the procedure is legal. According to Article 48 of the Criminal Law of the People's Republic of China (including the Ninth Amendment to the Criminal Law, which came into effect on November 1, 2015), the death penalty is only applicable to criminals who have committed extremely serious crimes. If the death penalty should be imposed but not necessarily executed immediately, the death penalty may be imposed and a two-year suspension of execution may be announced at the same time; Article 49 imposes restrictions on minors and women who are pregnant at the time of trial. The second-instance appeal and the Supreme People's Court's death penalty review procedures are the last defense windows. Families should hire professional lawyers as soon as possible to comprehensively sort out the mitigating factors. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

1. Problem background and typical scenarios

After being sentenced to death in the first instance, what the families are most concerned about is whether they will survive or whether the sentence can be commuted to a suspended death sentence. Typical scenarios include violent crimes such as intentional homicide, robbery, kidnapping, and intentional injury resulting in death; disputes between principal and accomplices in joint crimes; cases triggered by civil disputes or the victim's fault; and situations where the defendant has surrendered voluntarily, rendered meritorious service, confessed truthfully, or made compensation and reached a settlement with the victim. The core of commuting the sentence to a suspended death sentence is to explain the reasons why it is "not necessary to execute the sentence immediately" with evidence and legal arguments, rather than relying on extrajudicial factors. The relevant defense strategies can be referred to here.Criminal defense and legal services for criminal case filing.

II. Key points of contention

The disputes in such cases focus on four points. Firstly, whether the crime is extremely serious: the comprehensive judgment of the criminal methods, consequences, subjective malice, and social harmfulness is the dividing line between the death penalty and the suspended death penalty. Secondly, whether the statutory mitigating circumstances are established: voluntary surrender, meritorious service, accomplice, minor, limited criminal responsibility capacity, excessive defense, etc. Thirdly, discretionary mitigating circumstances: compensation and understanding, victim's fault, arising from civil disputes, consistent performance, and conditions for rehabilitation. Fourthly, evidence and procedures: whether the evidence is truly sufficient, whether there are illegal evidences, and whether the sentencing is balanced with that of the same case. In the judicial practice of Beijing, the application of the death penalty adheres to the policy orientation of strict control and prudent application, and the review by the Supreme People's Court is the final link.

III. Professional analysis by Henglue Law Firm

The criminal and civil action accompanying intentional homicide case represented by Attorney Liu Liqiang reveals the key factors in the sentencing of the death penalty from the perspective of judicial reasoning: On the night of June 16, 2024, in the laboratory of a concrete mixing station, staff members and the defendant, Zhang Daqiang, had a dispute over the quality of the construction concrete. After the argument was resolved, Zhang was sent back to his dormitory. He then drove a white Cheetah car at a speed of about 60-62 kilometers per hour into the laboratory, smashing the door and crashing through the back wall, resulting in the instant death of Zhao Gang and injuries to Zhang Bin and Li Yuanzheng. The victim's wife, Zhao Gang's wife, entrusted Attorney Liu Liqiang to represent her in the accompanying civil action. After reviewing the evidence, the attorney refuted the defendant's defense regarding subjective intent, voluntary surrender, the victim's fault, and the nature of the crime, arguing that the crime should be determined as intentional homicide and punished accordingly. The court adopted the attorney's opinion, finding that Zhang Daqiang intentionally and illegally deprived others of their lives by driving a vehicle into the laboratory, causing serious consequences of one death and two injuries. The crime was extremely serious, had great social harm, and showed no remorse. Zhang Daqiang was sentenced to death for intentional homicide, and the accompanying civil action supported the victim's family's request for compensation. Conversely, the subjective intent, voluntary surrender, the nature of the crime, and the defendant's remorse and compensation in this case are precisely the main directions for defense in death penalty cases aiming to secure a suspended death sentence: whether the factual evidence is solid, whether mitigating circumstances exist, and whether immediate execution is necessary determine the difference between a death sentence and a suspended death sentence. This case was handled by Beijing Henglue Law Firm.Liu LiqiangAttorney (Practice Certificate No.: 11101200910454358, subject to the certificate issued by the judicial administrative organ) acting as an agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 48 (the application of the death penalty and the suspension of execution of the death penalty) of the Criminal Law of the People's Republic of China (including the Ninth Amendment to the Criminal Law, which came into effect on November 1, 2015), Article 49 (circumstances in which the death penalty is not applicable), and Article 50 (handling and commutation of sentence during the suspension of execution of the death penalty); and the second-instance procedures and the death penalty review procedures stipulated in the Criminal Procedure Law of the People's Republic of China (amended in 2018). Action list: 1. Within ten days after the first-instance judgment, decide whether to appeal and fully communicate with family members and lawyers. 2. Thoroughly review mitigating evidence, including clues of voluntary surrender and meritorious service, compensation and apology, victim's fault, and consistent behavior. 3. Continue to retain defense lawyers during the second-instance and death penalty review stages and submit written defense opinions. 4. Review evidence flaws and procedural violations item by item, and apply for the exclusion of illegal evidence when necessary. 5. Rationally accept the outcome and simultaneously safeguard procedural rights and make arrangements for family members. For details, please refer to the following link:Criminal defense and legal services for criminal case filing.

5. Henglu Law Firm's Advice

The defense window for death penalty cases is measured in days: there are ten days for the appeal period, and there are statutory deadlines for the review procedure. Every day of delay means one less chance. Families are prone to waver between two extremes: either giving up in despair, or falling for scams to bail out their loved ones. Either of these will result in missing real opportunities. The rational approach is to hire a professional lawyer as soon as possible, thoroughly explain the mitigating circumstances and evidence issues, and at the same time, make good arrangements for property disposal and family matters. The procedures for handling major criminal cases in Beijing are rigorous, and details often determine the outcome. If you need help, please contact us.Beijing Henglu Law FirmA team of professional criminal lawyers.

VI. Frequently Asked Questions

Q1: If a person is sentenced to death in the first instance, what are the chances of having the sentence changed to a suspended death sentence in the second instance or during the review process?

There is no uniform probability, and the outcome of each case depends on the mitigating circumstances and evidence. If there are circumstances such as voluntary surrender, meritorious service, compensation and reconciliation, the victim's fault, or limited criminal responsibility capacity, or if there are flaws in the evidence or a significant imbalance in sentencing compared to similar cases, the possibility of a retrial is relatively high. However, if the facts are clear, the methods are cruel, the consequences are serious, and there are no mitigating circumstances, the difficulty of a retrial will be very great. The outcome depends on the facts, evidence, and legal application, and no lawyer can guarantee it unilaterally. The significance of professional defense lies in fully presenting the reasons why the judgment does not need to be immediately executed.

Q2: What evidence do I need to prepare to fight for a retrial and have my sentence changed to a suspended death sentence?

The key point is to organize the materials around the mitigating circumstances: the process of the defendant's surrender and meritorious service, as well as the clues and materials; compensation vouchers, letters of understanding, and transfer records; chat records, police reports, and witness testimonies proving the victim's fault; the defendant's consistent performance proof, family and rehabilitation conditions materials; materials on mental illness appraisal or intelligence assessment, etc., regarding the defendant's capacity for responsibility; and the judgment documents of the co-defendants, which are used for sentencing comparisons. The evidence should be sorted and organized according to the purpose of proof, forming a complete chain.

Q3: How much does it cost to defend a death penalty case?

There is no unified government pricing for defense fees in death penalty cases. The fees are determined through negotiation between the client and the law firm. Due to the numerous procedural steps and the significant workload and responsibilities involved, the fees are usually higher than those for ordinary criminal cases. It is common for fees to be charged separately at the first instance, second instance, and review stages. The fees are borne by the client and are not transferred based on the outcome of the case. Clients who meet the eligibility requirements can apply for legal aid. When hiring a lawyer, a written contract should be signed to clarify the stages, service content, and refund rules. The fees should be paid into the law firm's account and receipts should be requested.

Q4: How long is the period from the first-instance death sentence to the review result?

The time limit for appealing or protesting against a verdict is ten days; there is a statutory time limit for the second-instance trial, which may be extended if the case is complex; the review of the death penalty is the responsibility of the Supreme People's Court, and the review period varies depending on the case, ranging from several months to longer. During the review period, defense lawyers can submit written opinions, and qualified defendants will be interrogated and their lawyers' opinions will be heard according to law. It's not uncommon for the overall review period to last for years, so family members should maintain regular communication with their lawyers.

Q5: If the defendant is sentenced to death in the first instance, what should the family do first?

There are four steps to proceed: Firstly, stabilize emotions, communicate fully with lawyers within the ten-day appeal period, and decide whether to appeal; Secondly, organize and transfer favorable materials, including clues to voluntary surrender and meritorious service, the possibility of compensation and understanding, and proof of family circumstances; Thirdly, entrust or continue professional death penalty defense lawyers as soon as possible, covering the entire process of the second instance and review; Fourthly, be vigilant against the scams of bribing officials. Anyone who promises results or demands high fees for services should be kept away. The procedural window is limited, so it's better to take action as soon as possible to leave room for maneuver.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limits.Criminal defense legal services·Attorney Shang Jiangpeng·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and publicly available 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.