[Direct answer]In the Beijing area, there is no unified government pricing for lawyers' fees during the review of death sentences, nor is there a unified "standard price". The fees vary depending on the complexity of the case, the amount of work invested by the lawyer, and the law firm's charging policies. The fees are subject to the written contract agreed upon by both parties. A common negotiation method is to sign a separate power of attorney contract during the review stage and charge by the hour for each item, with travel and material fees charged separately. If the lawyer has already been engaged for the first and second instance defenses, a separate contract is usually signed during the review stage. Procedurally, the death sentence is approved by the Supreme People's Court, and the review should include questioning the defendant. If the defense lawyer requests it, the court should hear the lawyer's opinions (Articles 246 and 251 of the Criminal Procedure Law of the People's Republic of China). 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 the first-instance court sentenced the defendant to death and the second-instance court upheld the verdict, the case enters the review process by the Supreme People's Court. At this stage, the family members are most anxious and the problems are most concentrated: whether there is still room for review, what the lawyer can do, how much the fees will be, and how long they will have to wait. Unlike the previous stages, the review does not involve a court hearing. The focus of the defense shifts from courtroom confrontation to comprehensive review of the case file, written opinions, and evidence. The lawyer's working methods and workload structure change significantly. The relevant defense process can be referred to for reference.Criminal defense and legal services for criminal case filing.

II. Key points of dispute

The focus is on four points. Firstly, the procedural characteristics: the death penalty is approved by the Supreme People's Court, and the review is conducted by a collegial panel of three judges. The defendant shall be interrogated, and the defense lawyer's opinions shall be heard if requested. Moreover, the law does not stipulate the time limit for the review. Secondly, the lawyer's work content: comprehensively review the case file, identify contradictions and illegal evidence, meet with the defendant to verify details, and submit written defense opinions against the approval of the death penalty. Thirdly, the charging method: usually individual commissioning, charging by item or stage, and negotiating the fee. There is no unified government pricing. Fourthly, the compliance boundaries: no risk-based charging, no promise of results, and clear pricing and written contracts are the bottom lines. When handling similar cases in Beijing, law firms with standardized practices will evaluate the workload and provide a written quote when accepting the case.

III. Professional analysis by Henglue Lawyers

The value of criminal defense manifests itself differently at different stages. The case of L*, who was represented by Attorney Shang Jiangpeng for the crime of concealing and disguising the proceeds of crime, demonstrated the effectiveness of timely defense at the investigation stage: After L* was detained by the Xicheng Branch of the Beijing Municipal Public Security Bureau, his family immediately entrusted Attorney Shang Jiangpeng. Through meetings with the client, the lawyer comprehensively verified the details of the case, clarified the flow of funds, and submitted a "Application for Bail Pending Trial" based on the subjective knowledge element, statutory mitigating circumstances, lack of social danger, and the policies of cautious arrest and prosecution. The case handling authority accepted the application and changed the coercive measures for L* to bail pending trial. This case shows that the earlier the defense intervenes, the greater the room for negotiation. When the case enters the death penalty review stage, the focus of defense shifts to comprehensive review of the case file and written opinions: The lawyer needs to check the evidence chain of the first and second instance one by one, examine the basis for appraisal and procedural issues, meet with the defendant multiple times to verify details, and submit defense opinions to the Supreme People's Court against the approval of the death penalty. Since the review does not have a fixed time limit and the work cycle is long, the workload and responsibilities at each stage vary, and the fees naturally vary according to the case and stage. The specific fees are subject to the written contract. This case was handled by Beijing Henglue Law Firm. 刑事辩护的价值在不同阶段有不同体现。尚江鹏律师代理的L某掩饰、隐瞒犯罪所得罪案，展示了侦查阶段及时辩护的成效：L某被北京市公安局西城分局拘留后，家属第一时间委托尚江鹏律师；律师通过会见全面核实案件细节、厘清资金往来，围绕主观明知要件、法定从宽情节、无社会危险性与少捕慎诉慎押政策提交《取保候审申请书》，办案机关采纳后对L某变更强制措施为取保候审。这一案例说明辩护介入越早，可争取的空间越大。而当案件进入死刑复核阶段，辩护重心转向全面阅卷与书面意见：律师需要逐页核对一审、二审证据链，排查鉴定依据与程序问题，多次会见被告人核实细节，并向最高人民法院提交不予核准死刑的辩护意见。由于复核没有固定审限、工作周期长，各阶段工作量与责任不同，收费自然因案情与阶段而异，具体以书面合同约定为准。本案由北京恒略律师事务所代理。Shang JiangpengAttorney (Practice Certificate No.: 111012023105807, 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 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 (where the defendant in a first-instance case sentenced to death by an intermediate people's court does not appeal, the case shall be reviewed by the higher people's court and then submitted to the Supreme People's Court for approval), Article 249 (the review shall be conducted by a collegial panel of three judges), Article 250 (a ruling on whether to approve or disapprove the death penalty shall be made), and Article 251 (the review shall include questioning the defendant and hearing the opinions of the defense attorney, and the Supreme People's Procuratorate may also put forward its opinions); Article 12 of the Measures for the Administration of Lawyers' Service Fees (issued by the National Development and Reform Commission and the Ministry of Justice in 2006, and effective since December 1, 2006) (prohibiting risk-based fees in criminal litigation cases). Action list: 1. Before entrusting a lawyer, confirm with the lawyer the scope of work, including whether it includes reviewing the case file, the number of meetings, and the number of opinion letters; 2. Sign a written contract, clarifying the fee amount, payment milestones, travel and refund rules; 3. Require the lawyer to develop a plan for reviewing the case file and submitting opinions; 4. Ask family members to cooperate in providing clues to favorable evidence; 5. Stay vigilant against fees promised to guarantee victory or save lives. For more details, please refer to the relevant provisions.Criminal defense and legal services for criminal case filing.

5. Henglu Law Firm's Advice

The review stage is time-consuming and the outcome is of great importance. It's understandable that family members are anxious, but it's even more important to stay calm at this time: invest resources in thorough marking and argumentation, rather than trying to use connections or find back doors. The lack of a fixed review period means that lawyers need to keep following up over a long period of time. It's advisable for family members and lawyers to agree on a fixed communication schedule. When handling similar cases in the Beijing area, it's recommended to communicate with lawyers in detail about the work plan and workload before entrusting them, and then determine the fees based on that.Beijing Henglu Law FirmProfessional lawyers defend their clients in accordance with the law and regulations.

VI. Frequently Asked Questions

Q1: If I hire a lawyer during the review stage, is there still a chance that the application will not be approved?

The approval or disapproval will be determined by the Supreme People's Court in accordance with the law, and no one can guarantee the outcome. During the review stage, lawyers' work includes comprehensively reviewing the case files, identifying contradictions in evidence and new facts, meeting with the defendant multiple times, and submitting defense opinions to the collegial panel recommending that the death penalty not be approved; if the defense lawyers request it, their opinions shall be heard in accordance with the law. Whether the death penalty can be disapproved depends on the facts of the case, the evidence, and the application of the law. What lawyers can do is to present the circumstances and doubts favorable to the defendant in a comprehensive and timely manner.

Q2: What should lawyers do during the review stage, and where does the workload lie?

There are mainly four items: First, a comprehensive review of the case, checking the evidence chain of the first and second trials, and screening out illegal evidence, excluding it, and verifying the basis and procedures of the appraisal; Second, meeting with the defendant multiple times to verify details and screen out new defenses and new clues; Third, searching for similar cases and legal provisions to form a written defense opinion; Fourth, communicating with the case-handling organ and the procuratorial organ. The review has no fixed time limit and a long work cycle, which is the main consideration when negotiating fees.

Q3: How are attorney fees usually charged during the review stage?

There is no unified government pricing or "standard price". The fees vary depending on the complexity of the case, the workload, and the law firm's policies. The fees shall be subject to the written contract agreed upon by both parties. Common methods include signing separate agency contracts by stages, charging fees based on the number of items, and charging separately for travel and material expenses. For cases where first-instance and second-instance litigation have been entrusted, a separate contract is usually signed for the review stage. In criminal cases, risk-based fees are prohibited. If you encounter cases where services are provided first and fees are charged later, or where payment is based on the outcome, you should be vigilant against potential violations of regulations.

Q4: How long does the review stage usually last?

The Criminal Procedure Law does not stipulate the time limit for the review of the death penalty. In practice, the review period ranges from several months to more than a year, depending on the complexity of the case, the situation of supplementary verification of evidence, and the defendant's status. During the review period, lawyers usually need to meet with the defendant multiple times and follow up continuously. It is recommended that family members and lawyers agree on a fixed communication schedule to keep abreast of the progress and avoid being misled by unofficial channels due to anxiety.

Q5: How should I proceed with the first step of deciding to hire a lawyer for the review stage?

Four steps to proceed: First, organize the first and second-instance judgments, lawyers' opinions, and a list of case materials; Second, communicate with the candidate lawyer about their preliminary analysis of the case and the plan for reviewing the case files and submitting opinions; Third, clarify the fee structure, including the amount, payment milestones, travel expenses, and refund rules, sign a written contract, and request an invoice; Fourth, cooperate with the lawyer to provide clues to favorable evidence after entrusting them. It is important not to choose a lawyer based on their promise of a specific outcome.

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 necessary evidence, 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 publicly available adjudication rules, and is provided 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 the event of a dispute, please consult a practicing lawyer in a timely manner.