[Direct answer]It's useful and it's the last procedural right of the parties involved. According to Article 251 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the Supreme People's Court shall interrogate the defendant when reviewing death penalty cases, and shall listen to the opinions of the defense lawyers if they so request; after the review, it shall make a decision to approve or disapprove the death penalty in accordance with Article 250. If the decision is not approved, the case may be sent back for retrial or a new sentence may be imposed. Lawyers' opinions focus on evidence flaws, sentencing circumstances, and new clues. In practice, there are indeed precedents of disapproving the death penalty and imposing a new sentence. Families should hire lawyers with experience in death penalty review as soon as possible and can first learn about it.Criminal defense and legal services for criminal case filingOr consultBeijing Henglu Law Firm.

I. Problem background and typical scenarios

The review procedure for death penalty cases is the last checkpoint after the first and second trials. The Supreme People's Court conducts the review and approval of death penalty cases. Many families feel confused at this stage: since the judgment is about to take effect, is it still meaningful to hire a lawyer at this time? Will the judge review the opinions submitted? In practice, the review stage covers factual evidence, sentencing circumstances, and the resolution of social conflicts. Lawyers' opinions are an important channel for the collegial panel to understand the defense perspective. For defendants who may be sentenced to death but have not hired a defense attorney, they are still entitled to legal aid defense according to Article 35. The quality of the submission of professional opinions directly affects the exercise of procedural rights.

II. Key points of dispute

  • How opinions are heard: Whether written opinions can be delivered to the presiding judge, whether in-person statements are allowed, and whether the submission takes place before the deliberation by the collegial panel are all procedural details that affect the actual impact of the opinions.
  • The effectiveness of the opinions: It's of limited value to simply complain about injustice. Only those opinions focusing on the flaws of the evidence system (the legality of the confession, the appraisal opinion, and the physical evidence at the scene), sentencing circumstances (surrendering oneself to the authorities and rendering meritorious services, the victim's fault, compensation and understanding), and procedural violations are targeted and meaningful.
  • New evidence and new clues: If new evidence and new clues are found during the review stage, how to fix and standardize their submission? This differs from the way of presenting evidence in the first and second instance, and special attention needs to be paid to it.

III. Professional analysis by Henglue Law Firm

Based on Henglue Law Firm's experience in handling death penalty reviews and major criminal cases, valuable review opinions typically focus on three aspects. First, thorough evidence review: systematically sort out the evidence chain of the case, with emphasis on verifying the legality of the defendant's confession, the source of the evidence and the appraisal procedures for expert opinions, and whether the physical evidence at the scene and the testimonial evidence can corroborate each other. Specific verifiable issues should be raised rather than generalized doubts. Second, in-depth analysis of sentencing circumstances: including voluntary surrender, meritorious service, the defendant's role as an accomplice, the victim's fault, first-time or repeat offenses, compensation and reconciliation with the victim, and resolution of social conflicts. Any circumstances that were not fully evaluated in the first-instance trial should be systematically raised in the review opinion and supported by evidence. Third, equal emphasis on procedural issues and new leads: procedural matters that affected fair trial in the first and second instances, as well as newly discovered evidence leads, should be submitted in a standardized document format and accompanied by a request for an in-person presentation of opinions.

The timing and method are equally crucial: there is no statutory time limit for the review stage, but if the family submits their opinions after the collegial panel deliberates and the review ruling is made, they often miss the opportunity. Therefore, after the family decides to hire a lawyer, they should complete the meeting, apply for access to the case file in accordance with the law, and draft their opinions as soon as possible. In addition to written opinions, lawyers can apply to present their arguments to the presiding judge in person according to the law. The evidence and clauses cited in the opinions must be accurate, as emotional expressions may undermine their persuasiveness. If the review ruling is not approved, the case may be sent back for retrial or the Supreme Court may change the verdict; if it is approved, the execution process will start immediately, so every step of submitting opinions should be documented in writing. For major criminal cases involving cross-border factors or new types of evidence, they can also refer to relevant provisions.Special services and legal services for other cases.

IV. Practical suggestions and legal basis

At the legal basis level: Article 246 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) stipulates that the death penalty shall be approved by the Supreme People's Court; Article 249 stipulates that the review of death penalty cases shall be conducted by a collegial panel of three judges; Article 250 stipulates that after the review, the Supreme People's Court shall make a decision to approve or disapprove the death penalty. If the decision is disapproved, the case may be sent back for retrial or be retried; Article 251 stipulates that during the review, the defendant shall be interrogated, and the defense lawyer's opinions shall be heard if requested. The Supreme People's Procuratorate may also put forward opinions; Article 35 stipulates that if the suspect or defendant may be sentenced to life imprisonment or death and has not appointed a defense lawyer, the case-handling organ shall notify the legal aid agency to appoint a lawyer to defend them. Practical suggestions: Sign the entrustment procedures and submit the letter to the law firm as soon as possible; Write the opinion letter in layers according to facts, evidence, sentencing, and procedures; If materials are submitted to the Supreme People's Procuratorate at the same time, keep the submission certificates.

5. Henglue Law Firm's Reminder

During the review stage of the death penalty, the most important things to avoid are giving up procedural rights and seeking help from all possible sources in a panic. Families should hire lawyers from legitimate law firms and refuse any intermediaries who claim they can "pull strings to get people released". After hiring a lawyer, they should focus on assisting the lawyer in organizing materials from the first and second trials, providing information about the defendant's upbringing and the background of the case, and searching for new evidence clues. There is no legal time limit for the review stage. During the waiting period, they should maintain regular communication with the lawyer and respond promptly to requests for additional materials. If you are facing such a major legal procedure, it is recommended to seek legal help as soon as possible.Criminal defense and legal services for criminal case filingYou can also make an appointment for a professional evaluation by clicking here.Beijing Henglue Law FirmLearn from the experience of handling death penalty review cases and make the best use of the limited procedural opportunities to achieve the desired results.

Q1: Does hiring a lawyer still make a difference during the review stage of the death penalty case?

Yes. According to Article 251 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), when reviewing death penalty cases, the Supreme People's Court shall interrogate the defendant and, if the defense lawyer requests it, shall hear the defense lawyer's opinions. This is a statutory procedural right rather than a formality. Lawyers can submit written opinions and apply for oral statements to systematically present evidence flaws, sentencing circumstances, and procedural issues to the collegial panel; in practice, there are indeed cases where the review stage does not approve the death penalty, sends the case back for retrial, or changes the judgment. For defendants who may be sentenced to death but have not appointed a defense lawyer, according to Article 35, the case-handling organs shall also notify the legal aid institutions to appoint lawyers, and the role of lawyers appointed by themselves will be more effective.

Q2: How long does the death penalty review process take?

The law does not stipulate a clear time limit for the review of the death penalty. In practice, the duration ranges from a few months to more than a year, depending on the complexity of the case, whether it is necessary to interrogate the defendant, listen to the opinions of lawyers and prosecution authorities, and whether there are new clues that need to be verified. Precisely because the time limit is flexible, the timing of submitting opinions becomes even more crucial: before the collegial panel deliberates and makes a ruling is the main window for submitting and stating opinions. The earlier the meeting and opinion drafting are completed, the more likely they will be included in the review. Families should not wait passively with the mindset of "waiting for the result", nor should they frequently change lawyers because of the long time. Maintaining stable professional follow-up is more conducive to the case.

Q3: After the lawyer submits his opinion, will the outcome necessarily change?

I can't make any promises. The review result depends on the facts of the case, the evidence, and the application of the law itself. The value of the lawyer's opinion lies in allowing the collegial panel to fully see the evidence and circumstances favorable to the defendant. According to Article 250 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the Supreme People's Court makes a decision to approve or disapprove the review after review. If it is disapproved, the case may be sent back for retrial or a new judgment may be made. Whether the opinion is adopted or not is directly related to whether the evidence is substantially flawed and whether the sentencing circumstances are well-founded. Any claim of "guaranteeing that the review will not be approved" or "guaranteeing a change in the judgment" does not comply with professional norms. Families should evaluate the lawyer's work based on the quality of the opinion and the procedural efforts invested.

Q4: What is the difference between a review by the High Court and a review by the Supreme Court?

The two cases are of different nature. For cases where the intermediate people's court sentences the defendant to death with immediate execution and the defendant does not appeal, the higher people's court shall review the case and then submit it to the Supreme People's Court for approval. The review by the higher people's court is a screening procedure; for cases where the death penalty is suspended for two years, the higher people's court shall approve it and no longer need to submit it to the Supreme People's Court. The review by the Supreme People's Court shall be conducted by a collegial panel of three judges. According to Article 251 of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), the defendant shall be interrogated, and the defense lawyer's request shall be heard. For the defendant, both stages allow them to submit opinions and materials, but the review by the Supreme People's Court is the final step in deciding whether to approve the sentence, so the focus of the opinions should be more targeted.

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

First, as soon as possible, through the lawyer entrusted by the regular law firm with experience in death penalty cases, sign the entrustment procedures and handle the law firm's letters to avoid delaying the submission window; Second, cooperate with the lawyer to sort out all the judgment documents and evidence materials of the first and second trials, and provide the defendant's personal experience, family situation and other sentencing background information; Third, pay attention to new evidence and new clues, such as new witness information and doubts about the evidence, and hand them over to the lawyer for evaluation and fixation in time; Fourth, maintain rationality and be vigilant against scams claiming special relationships and promising results. The review stage is rigorous and irreversible. It is recommended that family members confirm with the handling lawyer before taking any action.

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