[Direct answer]In the Beijing area, the review of death penalty cases is a special procedure for the approval of death penalty cases. During the review stage, the defendant can still entrust a lawyer to present defense opinions. According to Article 249 and Article 251 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, and defense lawyers may put forward opinions and request to be heard in person. During the review stage, lawyers mainly defend the defendant on the basis of fact determination, the legality of evidence, sentencing circumstances, and procedural violations, with the aim of preventing the approval of the death penalty or the remand of the case for rehearing. Whether the defense can be effective depends on whether there are evidence defects, improper sentencing, or procedural flaws in the case. It is recommended that families entrust professional criminal lawyers to participate in the review as soon as possible. For more details, please refer to the following link:Criminal defense and legal services for criminal case filing.

1. Problem background and typical scenarios

The review of the death penalty applies to defendants who may be sentenced to death, and it is the last legal barrier between life and death. Typical scenarios include: the defendants and their families seeking final relief during the review stage when they have been sentenced to death in both the first and second trials; cases involving unclear facts, insufficient evidence, or where the main evidence is confessions lacking objective corroboration; cases where mitigating circumstances such as voluntary surrender, meritorious service, accomplice status, or the victim's fault have not been fully recognized; and cases where there are suspicions of illegal evidence collection during interrogations. Many families mistakenly believe that there's no hope once the second trial has concluded, thus missing the opportunity to submit new evidence and opinions during the review stage. For those involving procedural rights, they can refer to the relevant provisions.Special services and other case services.

II. Key points of contention

The controversy of the defense in the review of the death penalty focuses on four aspects. Firstly, facts and evidence: whether the objective evidence is sufficient to exclude reasonable doubt, and whether there are unclear facts and insufficient evidence. Secondly, sentencing circumstances: whether there are statutory or discretionary mitigating circumstances such as voluntary surrender, meritorious service, confession, accomplice, attempted crime, victim's fault, compensation and understanding, which have not been adopted. Thirdly, procedural legality: whether the interrogation, appraisal, and inspection are standard, and whether illegal evidence should be excluded. Fourthly, policies and guidance: whether it is a case where the death penalty can be imposed or not, and whether it conforms to the criminal policy of minimizing and exercising caution in imposing the death penalty. The review stage is mainly conducted in writing, and the quality of lawyers' opinions is particularly crucial. For cases involving the exclusion of evidence, reference can be made to the relevant provisions.Personal injury and medical dispute servicesMy experience in appraisal review in China.

III. Professional analysis by Hengluo Lawyers

Based on practical observations in handling major criminal cases, the focus of defense in the review stage of the death penalty is not on repeating trial opinions, but on accurately identifying obstacles to approval. Hengluo Lawyers usually approach this from three aspects: First, retrieving and reviewing the entire case file, with a focus on examining whether the chain of objective evidence is complete and whether there are irresolvable contradictions; Second, unearthing and strengthening evidence of mitigating circumstances, such as materials on voluntary surrender and meritorious service, family members' compensation and apologies on behalf of the defendant, and the defendant's upbringing and family background; Third, submitting special opinions on procedural violations and illegal evidence, requesting non-approval or remand. Lawyers can influence the review result by submitting written defense opinions and applying for face-to-face presentation. In practice, cases with questionable evidence or sentencing circumstances that have not been recognized still have room for improvement in the review stage. The professionalism and pertinence of lawyers' opinions directly affect the outcome. For cases involving property recovery and enforcement, a seamless connection can be made.Creditor-debtor relations and enforcement case services.

IV. Practical suggestions and legal basis

The legal basis is Article 249 (the right to approve the death penalty), Article 251 (the review procedure and lawyers' opinions), and Article 252 (supervision by the Supreme People's Procuratorate) of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018); as well as the provisions on hearing defense opinions during the review of the death penalty in the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China. Practical suggestions: Firstly, engage a professional criminal lawyer and submit the entrustment formalities; comprehensively review the case files and identify evidence defects and sentencing circumstances; collect mitigating evidence and submit written defense opinions to the review court, and apply for a hearing in person if necessary; monitor the progress of the review and the supervision procedures of the Supreme People's Procuratorate. For cases involving detention and coercive measures, relevant provisions can be combined with the above suggestions.Criminal defense and criminal case filing services.

5. Henglu Law Firm's Reminder

The review of the death penalty is the defendant's last legal remedy, and it is essential not to give it up. Families should hire a lawyer as soon as possible to avoid missing the critical period for submitting opinions and evidence. The lawyer's opinions should focus on four aspects: whether the facts are clear, whether the evidence is truly sufficient, whether the sentencing is appropriate, and whether the procedures are legal, so as to avoid making general appeals for justice. New evidence favorable to the defendant and mitigating circumstances must be fixed and submitted in a timely manner. At the same time, we should rationally view the results. The review results should not be based on the lawyer's subjective expectations. Professional, solid, and targeted defense is the right way to gain more room for maneuver. If necessary, you can seek help from relevant organizations or professionals.Special services and other case services.

VI. Frequently Asked Questions

Q1: Is it still useful to hire a lawyer during the review stage of the death penalty, and can the verdict be changed?

The review stage still holds significant importance. According to the Criminal Procedure Law, defense lawyers can put forward their opinions and request to present their views in person, and the Supreme People's Court must review the facts and sentencing. If the case involves unclear facts, insufficient evidence, undetermined sentencing circumstances, or procedural violations, lawyers can accurately point them out and strive for the review to be disapproved, the case to be sent back for retrial, or for a change in the judgment. However, the review does not change the already established facts of guilt and the need for the death penalty, and the effectiveness of the review depends on whether there are obstacles to approval in the case itself. People should not be misled by unrealistic promises, and the review should be based on objective evaluation of the evidence and circumstances.

Q2: During the review stage of the death penalty, what materials do lawyers need to prepare?

The core materials include: the first- and second-instance judgments and rulings (clarifying the facts and the reasons for sentencing), all case file materials and courtroom transcripts (for review and comparison), evidence proving mitigating circumstances (such as voluntary surrender and meritorious service, compensation and understanding, accomplices, attempted crimes, and family difficulties), as well as clues and materials that may indicate illegal evidence collection or procedural violations. The lawyer will write a review defense opinion based on these materials. Family members should cooperate in collecting evidence of mitigating circumstances and truthfully explain the case to the lawyer, to avoid affecting the defense strategy due to incomplete information.

Q3: How much does it cost to hire a lawyer for a death penalty review?

The attorney's fees are negotiated between the law firm and the client and are charged based on the stage of the case, the complexity of the case, and the workload. They are usually charged on a per-case basis or in a manner other than based on the subject matter. The specific fees are subject to the terms of the engagement contract, and there is no unified government pricing. Criminal litigation prohibits contingency fees. The review stage is an independent procedure, and the fees can be calculated separately from those of the first and second instance trials or be agreed upon as a package. It is recommended to require the law firm to clarify the scope of fees, whether travel and material expenses are included, and to sign a written engagement contract before entrusting the case to avoid subsequent disputes.

Q4: How long does it usually take to get the result of a death penalty review?

The law does not stipulate a uniform time limit for the review of the death penalty. In practice, it usually takes several months, and complex cases may take even longer. The review is mainly conducted in writing, and when necessary, the defense attorney's opinions are heard and the defendant is interrogated. The results include approving the death penalty, disapproving it and sending the case back for retrial or changing the sentence. Since it involves life, the court's review is more cautious, and the cycle is uncertain. Families and lawyers should maintain communication and follow up continuously, while making psychological and follow-up arrangements to avoid measuring the progress of the review by the time limit of ordinary cases.

Q5: What exactly should family members do during the review stage of the death penalty case?

First, as soon as possible, entrust a criminal lawyer with experience in death penalty cases to handle the entrustment procedures and authorize him/her to review the case file; Second, cooperate with the lawyer to comprehensively review the case file and identify evidence deficiencies and mitigating circumstances that have not been recognized; Third, actively collect and submit mitigating evidence, such as compensation agreements, voluntary surrender and meritorious service certificates, and the defendant's background materials; Fourth, have the lawyer draft and submit a written review defense opinion and, if necessary, apply for an in-person presentation; Fifth, pay attention to the supervision procedures of the Supreme People's Procuratorate and rationally view the results. Throughout the entire process, avoid being easily influenced by promises of connections and strive for legal protection through professional 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 relevant evidence materials to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglu 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 a dispute arises, please consult a practicing lawyer in a timely manner.