[Direct answer]In the Beijing area, death penalty cases involve the right to life, and the procedural and evidentiary requirements are higher than those of ordinary criminal cases. For cases where the defendant may be sentenced to death but has not appointed a defense attorney, the case-handling organ shall notify the legal aid agency to appoint a lawyer. The evidence must meet the requirements of clear facts, reliable and sufficient evidence, and exclusion of reasonable doubt. The review of sentencing circumstances such as voluntary surrender, meritorious service, and compensation and reconciliation is more meticulous. After the judgment, it must also go through the second instance and the death penalty review procedures, and be approved by the Supreme People's Court. The defense covers multiple stages including investigation, review and prosecution, first instance, second instance, and review. The earlier the lawyer is appointed, the greater the scope of defense will be. For more details, please refer toCriminal defense and legal services for criminal case filing.

I. Problem background and typical scenarios

For those suspected of serious crimes such as intentional homicide, robbery, kidnapping, and drug trafficking, who may face sentences of life imprisonment or even the death penalty, the most common questions from them and their families are: What are the differences between death penalty cases and ordinary cases? Is it still meaningful to hire a lawyer? Many defendants in such cases are in a state of criminal detention or arrest, and their families are anxious but don't know what to do. Some people also hear that "the case has been characterized", and hesitate whether to hire a lawyer. In fact, death penalty cases have special arrangements in defense access, evidence standards, and procedural settings, which are precisely where the defense space lies. Understanding the procedural differences can help us understand what lawyers can do at each stage. For more information, please refer to the relevant rules.Criminal defense and legal services for criminal case filing.

II. Key points of contention

Firstly, the access to defense is different. In ordinary cases, the defendant hires a lawyer on a voluntary basis, but in cases where the defendant may be sentenced to death, if the defendant does not hire a lawyer, the case-handling organ shall notify the legal aid agency to appoint a lawyer, and the defense is mandatory. Secondly, the evidentiary standards are different. The review of evidence in death penalty cases is more stringent. If there are doubts about key facts or the evidence fails to rule out reasonable doubts, the death penalty cannot be imposed according to law. Thirdly, the weight of sentencing circumstances is different. Circumstances such as voluntary surrender, meritorious service, accomplice, confession, plea bargaining, and compensation and understanding directly affect the distinction between immediate execution of the death penalty and suspended execution of the death penalty in death penalty cases. Fourthly, the procedural arrangements are different. In death penalty cases, there are two subsequent procedures of second-instance appeal and death penalty review, and defense lawyers can still put forward opinions during the review period. In the judicial practice of Beijing, the adversarial trial and evidence review in major death penalty cases are obviously more meticulous.

III. Professional analysis by Henglue Lawyers

The intensity of the controversy in death penalty cases can be directly illustrated by a criminal and civil lawsuit case of intentional homicide handled by Attorney Liu Liqiang. On the night of June 16, 2024, in the laboratory of a concrete mixing station, Zhang Daiqiang had a dispute with staff members over the quality of the construction concrete. After being persuaded to return to his dormitory, he drove a white Cheetah car at a speed of about 60 to 62 kilometers per hour and rammed into the laboratory. The vehicle crashed through the door and burst out from the back wall, resulting in the instant death of Zhao Gang and injuries to Zhang Bin and Li Yuanzheng. The prosecution charged him with intentional homicide, and the victims' families entrusted Attorney Liu Liqiang to represent them in the accompanying civil lawsuit, demanding severe punishment for the perpetrator and compensation for damages such as death compensation and funeral expenses. During the trial, the defense raised several arguments: there were only "jokes about wanting to kill them" before the impact, which was not enough to prove intentional homicide; Zhang Daiqiang's voluntary reporting to the police constituted a voluntary surrender; the case should be classified as endangering public safety by dangerous means; and the victims were at fault. After thoroughly reviewing the case file, Attorney Liu Liqiang refuted these arguments one by one: Zhang Daiqiang's clear verbal expressions before the impact, his acceleration within 5 meters of the door, and his knowledge of the location of the people inside without taking any evasive action were sufficient to prove intentional homicide; his false claim of brake failure during the reporting, his failure to provide truthful statements, and his repeated recantations did not constitute a voluntary surrender according to the law; normal work communication does not lead to car crashes, so the victims were not at fault; and his clear targeting of multiple specific individuals should be classified as a concurrence of intentional homicide and endangering public safety by dangerous means, with the conviction and sentencing based on intentional homicide. The court adopted the attorney's opinion, sentencing Zhang Daiqiang to death for intentional homicide and supporting the accompanying civil compensation request. This case was handled by Beijing Henglu Law Firm. 死刑案件的争议焦点之密集，律师刘立强代理的一起故意杀人附带民事诉讼案件便可直观呈现：2024年6月16日深夜，某拌合站实验室内，张大强与工作人员就施工混凝土质量发生争执，被劝开送回宿舍后，驾驶白色猎豹汽车以约60至62公里每小时的速度冲撞实验室，车辆撞毁房门从后墙冲出，致赵刚当场死亡、张斌与李远征受伤。检察机关以故意杀人罪提起公诉，被害人家属委托刘立强律师代理附带民事诉讼，要求严惩凶手并赔偿死亡赔偿金、丧葬费等损失。庭审中，辩护人提出多项辩解：撞击前仅有“要弄死他们”的玩笑话，不足以证明杀人故意；张大强主动报警构成自首；应定性为以危险方法危害公共安全罪；被害人存在过错。刘立强律师阅卷后逐一驳斥：张大强撞击前有明确言语表露、距门口不足5米仍加速、明知室内人员位置且未采取任何避让，足以证明杀人故意；其报警时谎称刹车失灵、未如实供述并反复翻供，不构成自首；正常工作交流不导致驾车撞人，被害人无过错；其目标明确、针对特定多人，应认定为故意杀人罪与危害公共安全罪的想象竞合，按故意杀人罪定罪量刑。法院采纳律师意见，以故意杀人罪判处张大强死刑，并支持附带民事赔偿请求。本案由北京恒略律师事务所代理。Liu LiqiangThe attorney (practice license number: 11101200910454358, subject to the document issued by the judicial administrative organ) acts on behalf of the client. From the perspective of defense, the controversy in this case is precisely the typical pattern of death penalty cases: subjective intent, voluntary surrender, determination of the crime, and the victim's fault. Any change in the determination of any of these factors may alter the sentencing level.

IV. Practical suggestions and legal basis

The legal basis includes Article 232 of the Criminal Law of the People's Republic of China (the punishment for intentional homicide); Article 35 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) (if the defendant may be sentenced to life imprisonment or the death penalty and has not appointed a defense attorney, the legal aid agency shall be notified to appoint a lawyer); Articles 246 to 250 (the procedures for the approval and review of the death penalty by the Supreme People's Court); and the "Regulations of the Supreme People's Court on the Review and Judgment of Evidence in Death Penalty Cases" (issued and implemented in 2010) regarding the review and judgment of evidence in death penalty cases. Action list: First, appoint a lawyer as soon as possible after being subject to compulsory measures, and participate in the interrogation stage to meet with the defendant; Second, comprehensively review the circumstances of the case and verify mitigating circumstances such as voluntary surrender, meritorious service, and confession; Third, in cases involving victims, actively make compensation and strive to obtain their forgiveness; Fourth, pay attention to legal documents and procedural milestones at each stage, and decide whether to appeal promptly after the first-instance judgment; Fifth, during the review stage, lawyers can still submit defense opinions. For more details, please refer to the following link: [Link]Criminal defense and legal services for criminal case filing.

5. Henglu Law Firm's Reminder

The outcome of a death penalty case depends on a combination of evidence, circumstances, and procedures. No lawyer can guarantee the outcome of the trial. What families can do is to hire a lawyer as soon as possible, cooperate with the lawyer to establish favorable circumstances, and rationally deal with each procedural node. It should be noted that there is still room for defense after the approval of arrest or even the first-instance judgment. Giving up too early often means giving up opportunities. When handling similar cases in the Beijing area, it is recommended to hire a lawyer as soon as possibleBeijing Henglu Law FirmProfessional criminal lawyers advance the process of meeting with clients, reviewing case files, presenting evidence, and procedural coordination simultaneously.

VI. Frequently Asked Questions

Q1: When hiring a lawyer for a death penalty case, can it really change the outcome?

The defense value of death penalty cases objectively exists, but no one can guarantee the outcome. Taking intentional homicide as an example, the penalties stipulated in Article 232 of the Criminal Law include the death penalty, life imprisonment, and fixed-term imprisonment of more than ten years; whether to recognize the suspect's voluntary surrender, whether the charge is accurately defined, and whether there is a compensation agreement directly affect which penalty level will be applied. If the evidence does not meet the standard of beyond a reasonable doubt, the death penalty cannot be imposed according to law. The above-mentioned case fully demonstrates the whole picture of such disputes. The outcome of the case depends on the facts, evidence, and legal application, and providing sufficient evidence is the fundamental key.

Q2: What materials should be prepared for defending a death penalty case?

There are five main categories: the identity materials of the parties involved and the explanation of their appearance in court; legal documents such as detention warrants and arrest warrants; contracts, communication records, and transfer vouchers related to the case; witness lists and contact information; materials related to repentance and sentencing, such as certificates of returning illicit gains and compensation, letters of understanding, and clues reflecting voluntary surrender and meritorious service, such as actively surrendering to the police and assisting in the arrest of criminals. Lawyers may review the case files in accordance with the law from the date of review and prosecution, and organize defense evidence on this basis. Family members should keep the above-mentioned materials properly and transfer them in a timely manner.

Q3: How do defense lawyers charge for death penalty cases?

There is no unified government pricing, and the fees are determined through consultation between the law firm and the client. Death penalty cases, due to their serious nature and large workload, are usually priced on a per-stage or full-process basis. Commonly, fees are calculated separately for investigation, review and prosecution, first-instance trial, and second-instance trial. When commissioning a lawyer, a written contract should be signed to clarify the scope of each stage, the amount of fees, and the refund rules. The fees should be paid into the law firm's account and receipts should be requested. According to the "Measures for the Administration of Lawyer's Service Fees" (issued and implemented in 2006), risk-based fee arrangements are not allowed in criminal cases.

Q4: How long does it take for a death penalty case to progress from detention to the final verdict?

It is obviously longer than ordinary cases. After detention, the application for approval of arrest is generally submitted within three days, and in special circumstances, it can be extended to 30 days. The procuratorate shall make a decision within seven days; the review and prosecution generally takes one month, and it can be extended in case of major and complex cases; the first-instance trial generally takes two to three months; after the judgment, there are still second-instance and death penalty review procedures, and the death penalty judgment must be submitted to the Supreme People's Court for approval. Overall, most cases last more than a year, and lawyers can still put forward defense opinions in accordance with the law during the review stage.

Q5: What should family members do first?

Three steps to proceed: First, verify the detention information through detention notices, case-handling authorities, or detention centers to prevent being deceived by the "bail-out" scam; Second, hire a professional criminal lawyer as soon as possible to meet with the client at the first time and strive for changes in coercive measures such as bail pending trial; Third, organize the case process, social performance, repentance and compensation materials, and cooperate with the lawyer to verify the circumstances of voluntary surrender, meritorious service, and understanding, so as to create conditions for defense.

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