[Direct answer]In the Beijing area, the review of death penalty cases is the last remedial procedure for death penalty cases. Lawyers mainly conduct their defense from five dimensions: fact determination, evidence admissibility, law application, sentencing circumstances, and procedural violations. According to Article 246 of the Criminal Procedure Law, the death penalty must be approved by the Supreme People's Court; during the review stage, lawyers can submit defense opinions, arguing whether the death penalty should be imposed, whether there are mitigating circumstances, whether the facts are clear, and whether the evidence is authentic and sufficient. The key lies in identifying statutory or discretionary grounds for not approving the death penalty, such as voluntary surrender, meritorious service, compensation and understanding, victim's fault, and evidence flaws. It is recommended to entrust lawyers who are familiar with death penalty cases to review the case files and submit opinions as early as possible. For more details, please refer to the following link:Criminal defense and criminal case filing services.

I. Problem Background and Typical Scenarios

The review of death sentences applies to cases where the defendant is sentenced to immediate execution of the death penalty, and it is a special approval procedure outside the court hierarchy. Typical scenarios include: defendants being sentenced to death for major violent crimes, drug-related crimes, and crimes endangering public safety; defendants being sentenced to death by the second-instance court and then being submitted for approval; and defendants and their families hoping to make final defense efforts during the approval stage. Many families mistakenly believe that the approval stage is a fait accompli, but in fact, the Supreme People's Court is extremely cautious in applying the death penalty. Any doubt about the facts, evidence, or sentencing may result in the approval being denied, the case being sent back for retrial, or the sentence being changed. For major cases, it may be combined with other review procedures.Special services and other case servicesEvaluate the defense space.

II. Key points of contention

The focus of the controversy in the review of the death penalty lies in the following aspects: Firstly, whether the facts are clearly established, such as whether there are contradictions among the main evidence and whether the key facts rely on confessions; Secondly, whether the evidence is truly sufficient, and whether the exclusion of illegal evidence and the correction of defective evidence are in place; Thirdly, whether the application of law is accurate, and whether there are deviations in the determination of the nature of the crime, the distinction between completed and attempted crimes, and the identification of principal and secondary offenders; Fourthly, whether the sentencing is too severe, and whether there are mitigating circumstances such as voluntary surrender, meritorious service, victim's fault, and compensation and reconciliation that have not been evaluated; Fifthly, whether the procedures are legal, such as whether there are flaws in the trial organization, service of documents, and protection of the right to defense. The review stage focuses on identifying and amplifying these doubts.

III. Professional analysis by Hengluo Law Firm

Based on practical observations in handling death penalty cases and major criminal cases, the key to defense at the review stage is to "use evidence and circumstances to speak for themselves". According to the Criminal Procedure Law and relevant rules on death penalty review, lawyers can review the case files, submit written defense opinions, and present their opinions in person. Hengluo Lawyers usually conduct a reverse investigation of the case files: whether the appraisal opinions are comprehensive, whether the interrogation is legal, whether the objective evidence can support the confession, and whether the mitigating circumstances have been omitted. In practice, it is not uncommon for cases to be sent back for review or to have their verdicts changed due to questionable evidence or insufficient consideration of sentencing circumstances. If the case involves civil compensation and reconciliation, it can be followed up accordingly.Creditor-debtor relations and enforcement case servicesPromote understanding and strive to gain room for leniency.

IV. Practical suggestions and legal basis

The legal basis is Article 246 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018) (the right to approve the death penalty belongs to the Supreme People's Court), Article 247 (review organization and return for rehearing), Article 248 (execution after approval), as well as the provisions of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China regarding the review procedure of the death penalty, including hearing defense opinions and interrogating the defendant. Practical suggestions: As soon as possible during the approval period, entrust a lawyer to review the case files and submit defense opinions; systematically sort out mitigating factors such as voluntary surrender, meritorious service, compensation and understanding, and victim's fault; prepare special opinions on evidence flaws and procedural violations; when necessary, apply for a face-to-face hearing to explain the reasons for non-approval in detail. For contract disputes, you can refer to the relevant provisions.Business and contract dispute services for enterprisesClarify the relevant civil relations.

5. Hengluo Law Firm's Reminder

The review of the death penalty is not a public hearing, so families may feel powerless, but this is a real golden opportunity. Firstly, the approval period is limited, so it is essential to engage a lawyer as soon as possible to review the case files and submit opinions. Secondly, comprehensively explore mitigating circumstances. Surrendering, meritorious service, confession, compensation and understanding, the victim's fault, the defendant's growth background, and repentance may all become reasons for disapproval. Thirdly, focus on evidence and procedural issues. Illegal evidence collection and factual contradictions are strong defense points. Fourthly, maintain close communication with the handling lawyer. Do not believe in the promise of guaranteed victory. Instead, focus on the provable grounds for disapproval. When necessary, you can seek help from a lawyer.Criminal case filing and criminal defenseProfessional support.

VI. Frequently Asked Questions

Q1: Is it still useful for lawyers to provide defense during the review stage of the death penalty?

It's useful and often the last chance. Although the review of the death penalty is not a public hearing, the Supreme People's Court will comprehensively review the facts, evidence, and sentencing, and listen to the defense lawyer's opinions. In practice, it's not uncommon for cases to be ruled unapproved, sent back for retrial, or changed to a different sentence due to unclear facts, insufficient evidence, unevaluated sentencing circumstances, or procedural violations. The value of lawyers lies in systematically presenting the mitigating circumstances, evidence flaws, and procedural issues that may be overlooked in the first and second trials, and submitting defense opinions based on solid evidence. Of course, the outcome depends on the case itself. Lawyers cannot and should not promise that the review will definitely not be approved. They should rationally assess the scope of defense.

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

The core materials include: the first-instance and second-instance judgments and case file materials (including interrogation transcripts, witness statements, appraisal opinions), the defendant's identity information and previous criminal records, evidence proving mitigating circumstances (such as voluntary surrender records, meritorious service clues, compensation agreements and letters of understanding, and evidence of the victim's fault), as well as clues of procedural violations (such as illegal evidence collection and failure to safeguard the right to defense). Lawyers will first review the case file comprehensively and then supplement and retrieve materials in response to disputed points. The organization of materials should serve the goal of demonstrating that "the facts are questionable or the sentencing is inappropriate", and each possible reason for disapproval should be firmly grounded in the evidence.

Q3: How much does it cost to hire a defense attorney for a death penalty review case?

During the review stage of the death penalty, attorney fees are usually charged on a per-stage or overall case basis. These fees are relatively high due to the significance of the case and the high workload involved. The specific fees are subject to the terms of the retainer agreement, and there is no unified government pricing. According to relevant regulations, risk-based attorney fees are prohibited in criminal litigation, and it is not allowed to charge fees based on the outcome of the case. Parties should be vigilant against unlawful promises. It is recommended that families clarify with the law firm the scope of services (reviewing case files, submitting opinions, applying for a hearing in person, and communicating with family members) and the fee range before entrusting the case. After assessing their financial capacity, they should make a decision. It is important to avoid secondary disputes due to unclear fees, and not to sacrifice crucial final defenses just for the sake of cost savings.

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

There is no statutory time limit for the review of death penalty cases, and the time required for review varies greatly in practice, usually taking several months, and may be even longer for complex cases. During the review, the Supreme People's Court will review the entire case and listen to the defense opinions, and if necessary, interrogate the defendant and verify the evidence. If the review is not approved, the case will be sent back for retrial, and if it is upheld, an execution order will be issued. The overall review period is difficult to predict accurately, so families should be mentally prepared for a long wait and maintain communication with lawyers to keep track of the progress. Do not believe in so-called "connections" just because there has been no news for a long time. Everything should be based on the statutory review procedures and official rulings.

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

The four-step approach is recommended: First, as soon as possible during the approval period, entrust a lawyer with experience in death penalty defense to review the case file and submit defense opinions; Second, fully assist the lawyer in collecting evidence of mitigating circumstances, including materials such as voluntary surrender, meritorious service, compensation and understanding, and the victim's fault; Third, cooperate with the lawyer to sort out the flaws in the evidence and clues of procedural violations, and form a special defense opinion; Fourth, maintain rational communication, understand the progress of the review through the lawyer, and not easily believe in promises of connections. Throughout the process, basing everything on facts and laws, and thoroughly demonstrating every reason for not approving the death penalty, is the most practical way for families to deal with the situation.

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 regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence to avoid missing the statutory time limit.Criminal defense legal services·Beijing Hengluo 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. In case of disputes, please consult a practicing lawyer in time.