[Direct answer]In the Beijing area, the review stage of the death penalty is the last relief opportunity for death penalty cases. Families who entrust lawyers need to pay special attention to authorization, time limits, and the handover of materials. According to the relevant provisions of the Criminal Procedure Law of the People's Republic of China, if the defendant is sentenced to death and has not appointed a defense attorney, the people's court shall notify the legal aid agency to appoint a lawyer; the defendant and his or her close relatives may appoint lawyers on their own. Families should confirm the defendant's wishes as soon as possible, sign the entrustment procedures, and provide the lawyer with the first-instance and second-instance judgments and new evidence clues in full. It is recommended to consult professional criminal defense lawyers as soon as possible. For more details, please refer to the following link:Criminal defense and criminal case filing services.

1. Problem background and typical scenarios

The review of the death penalty is the last procedure before the death penalty sentence takes effect, which is highly professional and time-consuming. Typical scenarios include: after the verdict is issued, the family realizes that they can still hire a lawyer, but they don't know whether it is allowed to intervene in the review stage; the defendant collapses emotionally in the detention center and refuses or is unable to entrust a lawyer on his own, so the family members need to handle it on his behalf; and the family members have new clues (such as alibis, meritorious materials) in their hands but don't know how to submit them. Many families simply understand the review as "going through the process", missing the opportunity to raise objections to the facts, evidence or legal application through lawyers. For possible appeals after the review, they can combine with it.Special services and other case servicesCoordination.

II. Key points of contention

The disputes in this stage focus on three points. Firstly, the subject of the entrustment: the defendant can entrust a lawyer on his own, and close relatives can also entrust a lawyer on behalf of the defendant with his explicit consent, but it is necessary to avoid conflicting with the defendant's intention. Secondly, the scope of materials: the review stage mainly reviews the facts of the original judgment, the evidence, and the application of the law. New evidence or clues must be submitted through legal channels and must not interfere with the judicial process. Thirdly, the rights and responsibilities of lawyers: the review lawyers focus on written and oral opinions, do not repeat all the confrontations in the first and second trials, and focus on finding the debatable aspects of the original judgment. The disputes also concern the connection between legal aid and self-entrusted lawyers, and whether the lawyers can smoothly review the case files and hold meetings. For disputes involving evidence rules, reference can be made to the relevant provisions.Business and contract dispute services for enterprisesThe reasoning behind the evidence presented in the article.

III. Professional analysis by Henglue Law Firm

Based on practical experience in handling death penalty cases and major criminal cases, the most pressing issues during the review stage are "material gaps and communication failures". Henglu Law Firm has observed that many families only get involved in the review process but cannot provide complete trial records from the first and second instance, nor can they clarify whether the defendant has raised objections. This results in lawyers having to retrieve the case files from scratch, wasting precious time. According to the Criminal Procedure Law, defense lawyers in the review stage have the right to review, excerpt, and copy the case files, and may submit oral or written opinions to the collegial panel. Professional lawyers usually first sort out the facts and evidence chains of the original judgment, identify potential errors - such as the source of physical evidence, appraisal procedures, and the determination of sentencing circumstances - and then form review opinions. At this stage, the goal is not to seek a full reversal of the verdict, but to identify key flaws that could affect the application of the death penalty. Through professional opinions, lawyers strive to obtain non-approval or remand for retrial.

IV. Practical suggestions and legal basis

The core basis is the provisions of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) on the death penalty review procedure, legal aid, and the right to defense; 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 on the scope of review and attorney's opinions; and the rules on the appointment of defense attorneys in death penalty cases in the Legal Aid Law. Practical suggestions: Immediately confirm after the judgment whether the defendant has appointed an attorney or whether the family needs to appoint one on their behalf; obtain the first- and second-instance judgments and the new clues obtained by the family as soon as possible; appoint attorneys with experience in death penalty review, who will review the case files, meet with the defendant, and submit opinions in accordance with the law; and timely compile materials for the defendant who has statutory or discretionary mitigating circumstances. For cases involving appeal coordination, relevant materials can be combined with other cases to form a comprehensive file.Special services and other case services.

5. Henglue Law Firm's Advice

During the review stage of the death penalty, it is essential for families to remain rational and cooperative. Three reminders: First, respect the defendant's own wishes, and confirm the power of attorney procedures with them to avoid internal family disagreements affecting the defense; Second, provide clues truthfully, including evidence that may lead to a mitigated sentence, and never conceal or falsify them, otherwise it will only increase the risks; Third, do not easily believe in promises of "having connections and being able to bail out people". The review is a statutory professional procedure, and only rely on legal and effective lawyer's opinions. Time is precious. It is recommended to contact a professional lawyer as soon as possible after the verdict, and do not wait until the approval is issued before taking action. If assistance is needed, please consult as soon as possible.

VI. Frequently Asked Questions

Q1: Can I still hire a lawyer during the review stage of the death penalty, and what role can a lawyer play in this process?

Yes. During the review stage of the death penalty, the defendant and his/her close relatives have the right to hire a lawyer. If the defendant is financially disadvantaged or has not hired a lawyer, the court shall notify the legal aid agency to appoint a lawyer. The role of the lawyer includes: reviewing, extracting, and copying case materials; submitting written or oral defense opinions to the collegial panel; and pointing out possible errors or omissions that may affect the application of the death penalty in terms of the factual determination of the original judgment, the admissibility of evidence, the application of the law, and the sentencing circumstances. The review does not aim to overturn the original judgment completely, but to identify key issues that are sufficient to disapprove the death penalty. The involvement of professional lawyers is the key to making full and effective use of the last remedy opportunity.

Q2: What materials and procedures do family members need to prepare when commissioning a lawyer to review the death penalty case?

The core materials include: the defendant's identity documents and proof of family relationships (such as household registration books and marriage certificates); copies of the first-instance and second-instance judgments or verdicts; materials with doubts and new evidence clues held by the family (such as alibi proofs, meritorious service materials, and objections to appraisal opinions); and the defendant's own confirmation of the entrusted matters. In terms of procedures, a power of attorney must be signed to clarify the stages and scope of representation. The more complete the materials are, the faster the lawyer can form a review opinion after reviewing the case files. Even clues that are uncertain about their usefulness should be submitted, so that the lawyer can judge their value. It is not advisable to filter them out on one's own.

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

The review of a death sentence case involves major criminal defense, and lawyers' fees are usually higher than those at the ordinary stage. They are generally charged based on the complexity of the case, the workload, and the lawyer's qualifications. The specific fees are subject to the contract of engagement and there is no unified standard. Since the review stage requires retrieving case files, studying the entire case, and drafting opinions, the workload is concentrated and the fees are relatively high. It is recommended to clarify with the law firm before entrusting the case the scope of fees, whether it includes subsequent appeals, and the payment arrangements in stages. Compared with the irreversible nature of the case outcome, the involvement of professional lawyers is of particular significance. Be vigilant against unlawful demands for fees under the guise of "guaranteeing that the review will not be approved".

Q4: How long does the review of a death penalty case typically take, and is there a time limit for it?

The Criminal Procedure Law does not stipulate a uniform time limit for the review of the death penalty. In practice, the time limit varies from case to case, ranging from several months to even longer, depending on the complexity of the case, whether additional investigations are needed, and the scheduling of the collegial panel. Compared with the first and second instance trials, which have clear time limits, the uncertainty of the review period is higher, which also requires family members to hire lawyers and submit opinions as early as possible to avoid delays in the process caused by the need to supplement materials at the last minute. After lawyers get involved, they will usually keep track of the progress of the review and provide timely supplementary opinions. It is recommended to cooperate with professionals patiently and avoid taking improper actions due to anxiety caused by the unclear time limit.

Q5: What exactly should family members do in the first step of the review process for the death penalty?

It is recommended to follow four steps: First, confirm whether the defendant has already appointed a lawyer himself. If not, and with the defendant's consent, close relatives should sign the entrustment procedures on his behalf as soon as possible; Second, collect the first-instance and second-instance judgments and possible mitigating clues, such as voluntary surrender, meritorious service, compensation and reconciliation, mental evaluation, etc., and organize them into a booklet; Third, entrust a lawyer with experience in death penalty review to legally review the case file, meet with the defendant, and study the original judgment; Fourth, under the guidance of the lawyer, decide whether to submit new evidence or written opinions, and continuously follow up on the progress of the collegial panel. Never believe in illegal promises or delay until the approval is issued. Acting according to the law and as early as possible is the right way to proceed.

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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, to avoid missing the statutory time limit. →Criminal defense legal services·Beijing Henglue 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.