[Direct answer]In the Beijing area, during the review of death penalty cases, defendants still have the right to hire defense lawyers, and their families can also appoint lawyers on their behalf. According to the relevant provisions of the Criminal Procedure Law of the People's Republic of China, when the Supreme People's Court reviews death penalty cases, it shall interrogate the defendants and listen to the opinions of defense lawyers who request it; lawyers can review case materials, submit written defense opinions, and meet with the presiding judges. This means that even if the case has entered the final review of the death penalty, professional lawyers can still strive for a careful review of the facts, the admissibility of evidence, the application of law, and sentencing issues on behalf of the defendants. It is recommended that families communicate with the defendants as soon as possible and appoint lawyers with experience in death penalty defense to intervene. For more details, please refer toCriminal defense and legal services for criminal case filing.

1. Problem background and typical scenarios

The review of death sentences is the last statutory remedy procedure for death penalty cases, and the Supreme People's Court exercises the approval power uniformly. Typical scenarios include: after the defendant is sentenced to death in the first and second instance, the family members anxiously ask "is there still a chance"; the defendant himself hopes to make a final statement or submit new clues; and the family members want to hire a lawyer but are not sure whether it is still allowed in the review stage. In practice, many people mistakenly believe that the second-instance death sentence is effective and cannot hire a lawyer anymore, thus missing the defense window in the review stage. In fact, the review of death sentences is not just an internal written review, and there is clear room for lawyers to participate in it according to law. Relevant procedural issues can be combined withSpecial services and other case-related servicesLearn more about it.

II. Key points of contention

There are three main points of contention in the review stage of the death penalty case. Firstly, facts and evidence: whether the facts of the crime identified in the original judgment are clear, whether the evidence is authentic and sufficient, and whether there are doubts that may affect the conviction and sentencing or illegal evidence that has not been ruled out. Secondly, application of law and sentencing: whether the death penalty should be imposed, whether mitigating or extenuating circumstances have not been accepted, and whether the defendant is the person who played a less significant role in the joint crime. Thirdly, procedural fairness: whether the trial procedures are legal and whether the defendant's litigation rights are protected. Lawyers' involvement is to submit opinions around these dimensions and urge the review organ to conduct a comprehensive and careful review. For cases involving incidental civil actions, reference can be made to the relevant provisions.Personal injury and medical dispute services.

III. Professional analysis by Hengluo Lawyers

Based on the practical experience of handling death penalty cases and major criminal cases, the most valuable role lawyers can play in the review stage is to conduct a systematic review of the entire case file. Compared with the first and second instance trials, the review stage places greater emphasis on "prudence in accordance with the law" — lawyers need to distill defense points from aspects such as doubts about factual evidence, omissions of sentencing circumstances, and procedural violations. These points should be presented to the collegial panel in the form of written opinions and stated in person to the presiding judge in accordance with the law. In practice, family members often wait passively due to their lack of understanding of the legal process. However, the earlier lawyers get involved, the better they can comprehensively sort out clues favorable to the defendant (such as the background of the crime, the victim's fault, the defendant's growth and repentance, and special family circumstances) and turn these materials into substantive considerations in the review process. Such cases require lawyers to have highly professional judgment and experience, so it is recommended to choose a team with relevant case-handling experience. For cases involving property and compensation coordination, follow-up measures can be taken accordingly.Creditor-debtor relations and enforcement case services.

IV. Practical suggestions and legal basis

The legal basis mainly includes the provisions on the death penalty review procedure in the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), as well as the provisions on hearing the defense lawyer's opinions and reviewing the interrogation of the defendant in the Interpretation of the Criminal Procedure Law of the People's Republic of China issued by the Supreme People's Court. Practical suggestions: After receiving the death penalty judgment, family members should confirm the defendant's intention to entrust a lawyer as soon as possible and sign the entrustment procedures on their behalf; after the lawyer's involvement, he/she should review the case files in time, prepare a defense outline and submit written opinions; systematically provide evidence around the factual doubts, sentencing circumstances and procedural issues; and, if necessary, apply for a meeting with the judge in charge of the case. There is no fixed time limit for the review stage, so it is more important to prepare thoroughly and seize every opportunity to express opinions. The relevant procedures can be combined with the following steps:Criminal defense and legal services for criminal case filingDevelop a plan.

5. Hengluo Law Firm's Advice

The review of the death penalty is the last legal remedy for the defendant, and family members should not give up just because the "verdict has been issued". Hiring a lawyer not only has legal basis, but also can help the defendant get a chance to be fully heard. It should be reminded that: no risk-based attorney's fees are charged during the review stage, and people should be vigilant against illegal promises of "rescue". All defenses should be based on facts and laws, and opinions should be expressed through legal and professional channels. It is recommended to hire a lawyer as soon as possible, prepare materials fully, and maximize the value of defense in the final stage, so as not to miss the window for legal statements and evidence presentation. Relevant procedures can be combined withCriminal defense and legal services for criminal case filingLearn more about it.

VI. Frequently Asked Questions

Q1: If a lawyer is hired during the review stage of the death penalty, can the outcome still be changed?

During the review stage, the court does not necessarily change the verdict, but the lawyer's involvement does play a practical role. When the Supreme People's Court reviews death penalty cases, it interrogates the defendant and listens to the defense lawyer's opinions. If the facts are unclear, the evidence is insufficient, the sentencing is improper, or the procedures are illegal, the court may not approve the verdict, send the case back for retrial, or change the verdict. The value of a lawyer lies in systematically reviewing the case files, extracting facts and legal application points favorable to the defendant, submitting written opinions, and meeting with the presiding judge to present their views. The outcome depends on the case itself, but professional intervention can ensure that the defendant's defense opinions are fully expressed and reviewed, and avoid losing the last remedy due to procedural deficiencies. Never believe in the promise of "guaranteed victory". Instead, strive to win the case based on evidence and the law.

Q2: What materials do family members need to prepare if they hire a lawyer to appeal against the death penalty review decision?

The main materials include: the first and second instance judgments or rulings (confirming that the case has entered the review process), the defendant's identity information and proof of family relationships (used for entrustment on behalf of the defendant), entrustment procedures and law firm letters, as well as evidence favorable to the defendant that the family members have obtained (such as an explanation of the background of the crime, evidence of the victim's fault, proof of the defendant's remorse and family difficulties, and materials on past performance). After the lawyer gets involved, he will review the case files in accordance with the law, and the family members should cooperate in supplementing the materials that can be used for defense. The organization of the materials should focus on three aspects: "doubtful facts, sentencing circumstances, and procedural issues", which will be sorted out and submitted by the lawyer.

Q3: How much does it cost to hire a lawyer during the review stage of the death penalty case?

The attorney's fees are based on the case handling stages and the workload, and are negotiated between the law firm and the client and specified in the engagement contract. The specific amount varies depending on the complexity of the case, the workload, and the attorney's qualifications, and there is no unified government pricing. It should be noted that criminal litigation prohibits contingency fees. Any advertisements promoting "no approval, no payment" are illegal and should be cautious about them. It is recommended to clarify with the law firm before signing the contract the scope of fees, whether it includes travel and third-party expenses, and the conditions for refunds, and to require the law firm to issue a unified stamp and standardize fees to avoid private transfers and ensure that the money is used effectively.

Q4: How long does the review process for the death penalty typically last?

Unlike the first and second instance trials, the law does not set a fixed time limit for the review of death penalty cases. In practice, the duration varies greatly, which may be several months or even longer, depending on the complexity of the case, the existence of factual uncertainties, and the need for supplementary verification. Precisely because there is no time pressure, lawyers should prepare thoroughly and meticulously to ensure that the reviewing authority conducts a careful review, rather than hoping for a quick outcome. Families should maintain reasonable expectations, cooperate with lawyers to follow up continuously, and submit supplementary materials and opinions in accordance with the law during the review process. They should avoid taking actions that interfere with the case handling due to anxiety.

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

There are four steps to follow: First, communicate with the defendant as soon as possible after receiving the death sentence, confirm their willingness to hire a lawyer and handle the formalities of entrusting a lawyer on their behalf; Second, select a team of lawyers with experience in death penalty defense and sign a standardized power of attorney contract; Third, cooperate with the lawyer to organize materials favorable to the defendant, including factual doubts, sentencing circumstances, family and repentance situations; Fourth, let the lawyer review the case file, submit written defense opinions, and apply to meet the presiding judge in accordance with the law. Family members should keep their information synchronized with the lawyer. Throughout the process, express opinions through legal and professional channels, do not easily believe in illegal promises, and make full use of the review stage as the last window for legal relief.

The above answer is based on the judicial practice in the Beijing area. 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 facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the 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. In case of disputes, please consult a practicing lawyer in time.