[Direct answer]In the Beijing area, entrusting a lawyer to present defense opinions during the review of death penalty cases is a legally guaranteed remedy, but it does not guarantee a change in the verdict. According to Article 251 of the Criminal Procedure Law of the People's Republic of China (amended for the third time on October 26, 2018), the Supreme People's Court shall interrogate the defendant when reviewing death penalty cases, and shall hear the defense lawyer's opinions if requested. Article 250 stipulates that after the review, the court may issue a ruling approving or disapproving the death penalty, and may remand the case for retrial or issue a new verdict if disapproved. Whether the lawyer's opinions can affect the outcome depends on whether there is any disputable space in the factual evidence and the application of the law. It is recommended that the defendant's close relatives handle the entrustment as soon as possible, and let the lawyer review all the case files of the first and second instance, submit written defense opinions, and apply for face-to-face statements. Appointments can be made in advance.Criminal defense and criminal case filing services.

I. Problem Background and Typical Scenarios

After the death sentence is handed down, the case is not immediately executed, but enters the death penalty review process of the Supreme People's Court. Typical scenarios include: when the first-instance court sentences the defendant to death and the defendant does not appeal, the case will be reviewed by the higher people's court and then submitted to the Supreme People's Court for approval in accordance with Article 247 of the Criminal Procedure Law; when the second-instance court upholds the death penalty judgment, the case will be directly submitted for approval; when the family believes that the sentencing is too severe or the evidence is flawed and hopes to make a final defense; and when there are mitigating circumstances such as compensation and understanding, meritorious service, or new evidence that need to be submitted. Many families only think of hiring a lawyer during the review stage, but they fall into a passive situation because they do not understand the process and miss the opportunity to submit their opinions. The death penalty approval power is exercised solely by the Supreme People's Court, which is an important procedural guarantee for the policy of sparing and exercising caution in sentencing, and also the last window of relief before the judgment takes effect. Whether this power can be fully utilized depends on whether it is timely and effectively intervened.

II. Key points of contention

First, whether there are major issues with the facts and evidence: whether the evidence used to convict and sentence the defendant in the original judgment is authentic and sufficient, whether there are any illegal evidences that have not been excluded, whether key witnesses have not appeared in court, and whether there are any doubts about the appraisal opinions. These are the most powerful arguments in the review stage. Second, the application of the law and the evaluation of mitigating circumstances: whether the crime is "extremely serious", whether the circumstances such as voluntary surrender, meritorious service, compensation and reconciliation, and the victim's fault have been fully evaluated, and how the criminal policy of "sparing no effort in sentencing" is reflected. Third, the protection of procedural rights: whether the defense lawyer can be arranged to hear the opinions after putting forward the request in accordance with Article 251, and whether the defendant's opinions in the interrogation can be fully expressed. Fourth, the choice of strategy: prepare the main argument around whether to "disapprove the remand for retrial" or "directly change the judgment", which directly affects the writing of the defense opinion and the direction of evidence organization. Professional judgment can be assisted by\nCriminal defense professional team.

III. Professional analysis by Hengluo Law Firm

Based on practical observations in handling major criminal cases, the value of lawyers in the review stage of the death penalty mainly manifests in three aspects. Firstly, there is a clear legal basis for their participation in the process: According to Article 251 of the Criminal Procedure Law, if the defense lawyer requests it, the Supreme People's Court shall hear their opinions. Lawyers can present the defendant's defense, new evidence, and mitigating circumstances to the collegial panel through methods such as submitting written defense opinions and applying to make statements in person during the interrogation, thus avoiding the situation of "just going through the formalities without listening to opinions". Secondly, they can transform vague appeals into specific legal disputes. By reviewing all the case files of the first and second trials and comparing the reasoning of the judgment, they can identify evidence contradictions, procedural violations, or omissions of mitigating circumstances, thereby forming clear reasons for "not approving" or "changing the judgment". Thirdly, they organize and verify supplementary circumstances. Materials such as compensation and settlement agreements, clues of meritorious service, and medical certificates need to be strengthened and verified in their sources before they can become weighty mitigating grounds. It should be noted that lawyers can only argue and promote according to the law, and there is no promise that the outcome of any case will necessarily be changed. Henglu Law Firm handles such procedural connections.Beijing Henglu Law FirmCollaborate with professionals to conduct a comprehensive assessment and analysis.

IV. Practical suggestions and legal basis

The legal basis is Article 246 of the Criminal Procedure Law of the People's Republic of China (adopted on July 1, 1979 and amended and implemented for the third time on October 26, 2018), which stipulates that the death penalty must be approved by the Supreme People's Court; Article 247 on the procedures for submitting the case for review; Article 250 on the review results and handling methods; and Article 251 on interrogating the defendant and hearing the defense lawyer's opinions. In addition, Article 48 of the Criminal Law of the People's Republic of China (amended on March 14, 1997 and further amended by the Eleventh Amendment to the Criminal Law, which took effect on March 1, 2021, and the Twelfth Amendment to the Criminal Law, which took effect on March 1, 2024) stipulates that the death penalty shall only be applied to criminals who have committed extremely serious crimes, and Article 49 stipulates that the death penalty shall not be applied to pregnant women at the time of trial, elderly people over 75 years old, etc. Practical suggestions: Close relatives should first handle the entrustment and submit the authorization procedures and proof of identity relations; lawyers should complete a comprehensive review of the case files and prepare a review transcript; formulate written defense opinions based on the facts, evidence, and circumstances, and request to be heard in accordance with Article 251; simultaneously collect clues of new evidence; and prepare materials for appeal and procuratorial supervision regarding possible miscarriages of justice. For details of the procedure, please consult the relevant authorities.Criminal defense legal services.

5. Henglu Law Firm's Advice

The review of the death penalty is the last window of relief. It is essential to grasp two points: first, the timing. Start the entrustment and review of the case immediately after the judgment, and do not wait until the approval is imminent to hastily submit materials; second, rationality. The value of a lawyer lies in explaining effective reasons and completing the necessary procedures. Any claims of "guaranteeing a retrial" or "guaranteeing victory" are not credible. During the review stage, families and lawyers should maintain a fixed communication channel. If new clues such as compensation and understanding, or meritorious service are discovered, they should be submitted immediately. If the case is still in the second-instance stage, pay attention to the appeal and protest deadlines of ten days for judgments and five days for rulings, and do not give up on appeals easily. If there are still objections to the review results, they can continue to assert their rights through appeals and procuratorial supervision in accordance with the law.

VI. Frequently Asked Questions

Q1: If a lawyer is hired during the review stage of the death penalty, is there still a chance of overturning the verdict?

It's possible, but there's no guarantee. The review is an independent review procedure: according to Article 250 of the Criminal Procedure Law, after the review by the Supreme People's Court, it may make a ruling not to approve the death penalty, and the cases that are not approved may be sent back for retrial or be re-sentenced; Article 251 clearly stipulates that lawyers' requests shall be heard. In judicial practice, there is room for not approving or re-sentencing in cases where there are flaws in the evidence, incomplete evaluation of mitigating circumstances, or new evidence. Whether the result can be reversed depends on whether there are disputable facts and legal issues in the case itself, and whether the lawyer can explain the problems clearly. Lawyers will first conduct a feasibility assessment, truthfully inform clients of the possibilities and risks, and will not accept cases by promising results. For those who need an assessment, they can make an appointment.Criminal defense and criminal case filing services.

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

The basic materials include: first and second instance judgments or rulings (check the reasoning of the rulings), power of attorney and the client's identity documents, proof of kinship (household registration booklet or proof from the public security organ), the defendant's detention location and case number information. The disputed materials include: first and second instance trial transcripts and the list of evidence mentioned in the judgments, the defense materials written by the defendant himself/herself, new evidence clues (witness contact information, appraisal materials, medical records, alibi), compensation and settlement agreements and transfer vouchers, and materials on meritorious service clues. The more complete the materials are, the higher the efficiency of lawyers reviewing the case and forming defense opinions; if you are not sure whether they are important at the moment, sort and submit them first, and let lawyers screen them.

Q3: How is the fee calculated for hiring a lawyer to review a death sentence?

During the review stage of the death penalty case, the attorney's fees are usually charged on a per-stage basis. The specific amount is determined by the law firm based on the workload of the case, the scope of document review, and travel costs, and is specified in the power of attorney contract. There is no unified government pricing for this. Zheng Gu Law Firm collects fees on a unified basis and issues receipts. Be wary of high-priced fees that guarantee a change in the verdict and private transfers of funds. It is recommended to clarify the following before signing the contract: what work is included in the fees (the number of document reviews, the number of opinion letters, whether the appeal stage is included), how travel expenses are settled, and how additional fees will be charged if the case enters the retrial process. Write the rights and responsibilities into the contract before proceeding.

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

The Criminal Procedure Law does not stipulate a clear time limit for the review of death penalty cases. In practice, the Supreme People's Court handles such cases based on the circumstances of the case in a timely manner. It usually takes several months from the submission of the review request to the issuance of a ruling, and the process may take longer for complex cases or those requiring additional investigations or conflict resolution. For cases where the intermediate people's court sentences a defendant to death with a two-year reprieve, the review must be approved by the higher people's court in accordance with Article 248; for cases where the defendant is sentenced to immediate execution of the death penalty and does not appeal, there is also a reporting and approval process. Family members should not estimate the time based on fixed days, but should maintain communication with lawyers to track the progress of the review and submit supplementary opinions in a timely manner. If new evidence or circumstances arise during the waiting period, they should be submitted immediately to ensure that they are taken into account in the review process.

Q5: If new evidence is discovered or you believe the verdict was wrong, what should you do specifically?

It is recommended to proceed in four steps: First, immediately entrust a professional lawyer to participate in the review stage, submit authorization procedures, and let the lawyer review and comprehensively examine the first- and second-instance case files; Second, organize the new evidence into a list, attach the source explanation and copies, form a written defense opinion and submit it to the Supreme People's Court, and request to hear the defense lawyer's opinion in accordance with Article 251 of the Criminal Procedure Law; Third, simultaneously supplement mitigating materials such as compensation agreements, meritorious service, and the return of illicit gains and compensation, and negotiate with the victim as soon as possible if necessary; Fourth, if the case is still subject to appeal or the judgment has not yet taken effect, pay attention to the statutory time limits of ten days (for judgments) and five days (for rulings); If it is found that the effective judgment is indeed erroneous, prepare appeal materials and report it to the procuratorial organ to promote the initiation of the judicial supervision procedure.

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·Beijing Henglu 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. In case of disputes, please consult a practicing lawyer in time.