[Direct answer]The review of death sentences is the final remedy procedure for death penalty cases: if the intermediate people's court sentences a defendant to death in the first instance, the sentence shall not be executed until it is approved by the Supreme People's Court (Article 246 of the Criminal Procedure Law). There are four core tasks for lawyers in the review stage: to meet with the defendant in accordance with the law and review the case files comprehensively; to submit written defense opinions against the approval of the death penalty based on the defects of the evidence and the circumstances of sentencing; if the defense lawyer requests it, the Supreme People's Court shall hear his opinions (Article 251); and to follow up on the opinions of the Supreme People's Procuratorate and the progress of the review. If the death penalty is not approved, the case may be sent back for retrial or the sentence may be changed. It is recommended that the families of death penalty cases entrust lawyers as soon as possible.Criminal defense lawyerFollow up on the review process.

I. Legal basis and interpretation of provisions

1. Article 246 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

The death penalty is approved by the Supreme People's Court. This article establishes that the authority to approve the death penalty shall be exercised solely by the Supreme People's Court. The legislative purpose is to strictly control the application of the death penalty, unify judicial standards, and implement the policy of minimizing and exercising caution in sentencing to death, which is a procedural barrier for the special protection of the right to life. In terms of application, if the intermediate people's court sentences a defendant to death with immediate execution and the defendant 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; if the defendant is sentenced to death with a two-year reprieve, the approval shall be granted by the higher people's court, and the case shall not enter the review process of the Supreme People's Court.

2. Article 251 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018)

When the Supreme People's Court reviews death penalty cases, it shall interrogate the defendant; if the defense attorney requests it, the court shall listen to the defense attorney's opinions; the Supreme People's Procuratorate may submit opinions to the Supreme People's Court, and the results of the review shall be notified to the Supreme People's Procuratorate. The review shall be conducted by a collegial panel of three judges. The inclusion of hearing lawyers' opinions in the statutory procedures is the basis of the right to defense in the review stage; if the lawyer does not request it, the hearing is not mandatory in the procedure, so it is particularly important to actively submit written opinions and apply for face-to-face statements.

3. Practical adjudication guidelines (focus of review and re-examination)

The review of the death penalty case does not hold a hearing. It mainly involves written review and interrogation of the defendant. The defense opinion and oral statement are the two main focuses. The review focuses on whether the evidence is truly sufficient and whether it is necessary to execute the death penalty immediately. Cases such as voluntary surrender and confession, the victim's fault, compensation and understanding, and cases triggered by intensified civil disputes are often important circumstances for strictly controlling the immediate execution of the death penalty. The most common pitfall is to believe that the review is just a formality and give up the defense, or to submit opinions hastily at the end, resulting in insufficient time for reviewing the case files and collecting new evidence.

II. Practical Experience of Henglue Law Firm

Based on Henglue Lawyer's practical observations in handling major criminal cases (for details, please refer to the attached document), we can conclude that the following factors play a crucial role in the successful defense of criminal cases:Criminal defense(Service column), the disputes in the review stage of the death penalty are mainly focused on three categories: First, the legality of evidence, such as the lack of synchronous audio and video recordings of interrogations, repeated confessions, and the questionable sources of key physical evidence. Lawyers will apply to retrieve and demonstrate the exclusion of illegal evidence; Second, sentencing circumstances, such as voluntary surrender, confession, meritorious service, compensation and understanding, and the victim's fault, which directly affect the judgment of "whether it is necessary to execute the sentence immediately"; Third, subjective intent and circumstances identification, such as the different treatment of cases triggered by intensified civil disputes and premeditated crimes.

There are three pitfalls that families are most likely to fall into: assuming that the verdict becoming effective means the case is settled; giving up on the defense in the review stage; attempting to exert pressure on their own rather than submitting opinions in accordance with the law; and submitting materials that are too verbose and lack focus on the key points of the organization's opposition to the death penalty. The standard practice is to entrust a lawyer as early as possible to review the case materials in detail, systematically organize opinions around the flaws of the evidence and the sentencing circumstances, submit materials to the Supreme People's Court through prescribed channels and maintain communication, and promptly supplement new evidence. The value of defense in the review stage lies in striving for the last opportunity to review the case in accordance with the law for the right to life. For more similar issues, please refer to the relevant materials.Beijing Henglu Law FirmFrequently Asked Questions section.

III. Frequently Asked Questions

Q1: How long does the review of a death sentence typically take?

The law does not stipulate a clear time limit for the review of the death penalty. In practice, the review time varies from case to case, and the review of major cases with complex facts often takes a long time. During the review period, the verdict will not be executed immediately, and the defendant will still be detained in the detention center. Family members should hire a lawyer as soon as possible to follow up on the progress of the procedure, understand the review dynamics through legal channels, and avoid missing the opportunity to submit defense opinions and supplementary evidence due to passive waiting. When necessary, the lawyer will assist in maintaining communication.

Q2: Can lawyers still meet with the defendant during the review stage?

Yes. Lawyers can apply to meet with the detained defendants according to law to understand their physical condition and listen to their statements and defenses regarding the case; the Supreme People's Court shall also question the defendants when reviewing the case. The meeting is the basic step of the review defense. Lawyers can verify evidence clues and confirm sentencing circumstances based on the meeting, and then organize written defense opinions to submit to the collegial panel. For some cases, the meeting needs to go through formalities in accordance with regulatory requirements, so it is advisable to arrange and reserve time in advance.

Q3: What will happen after the death penalty is not approved?

If the Supreme People's Court does not approve the death penalty, it may remand the case for retrial or modify the sentence (Article 250 of the Criminal Procedure Law). After the case is remanded for retrial, it will return to the first-instance or second-instance procedure for re-examination. The modified sentence may be changed to a suspended death sentence, life imprisonment, etc. The non-approval of the death penalty means that the immediate execution of the death penalty is blocked, which is the most important goal of review and defense. Whether this goal can be achieved depends on the quality of the evidence, the sentencing circumstances, and the defense opinions.

Q4: What can family members do during the review stage of the death penalty?

Timely entrust lawyers to review the case files, attend hearings, and submit defense opinions against the approval of the death penalty; cooperate in collecting materials on sentencing circumstances such as voluntary surrender, confession, compensation and reconciliation, and family circumstances; and meet with the defendant and transfer daily necessities in accordance with regulatory requirements. Be careful not to fall for scams like "smoothing over relationships to save lives", which not only result in financial losses but may also involve illegal activities. Everything should be based on the written opinions and procedural progress submitted by lawyers in accordance with the law.

Q5: Is it too late to hire a lawyer only during the review stage?

It's not too late and it's necessary, but the earlier the better. The review is a statutory independent procedure. Lawyers can fully review the case files, meet with the defendant, and submit opinions that are not approved. If there is evidence and room for manoeuvre in the investigation and trial stages, lawyers can also apply for supplementary investigations. The fees are negotiated on a per-stage or per-case basis. For death penalty cases, the workload is large. It is recommended to sign a written contract with the law firm after a face-to-face evaluation to clarify the stages, authorities, and fees. For more details, please consult the law firms in Beijing area.Criminal defense lawyerTeam.

IV. Suggestions for Protecting Your Rights

  • After the first-instance judgment in a death penalty case, the defense for review should be evaluated immediately, and no action should be taken until the result of the review is determined.
  • Hire a lawyer to review all the evidence in detail and organize arguments against the death penalty based on the flaws in the evidence and the sentencing circumstances.
  • Cooperate in collecting materials such as compensation agreements and family circumstances, and submit them to the Supreme People's Court through the prescribed channels.
  • Be vigilant against scams aimed at "rescuing people and saving lives". In the review of death penalty cases, only facts, evidence, and laws are taken into account. If you have any questions, you can consult them firstBeijing Henglue Law Firm.

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