[Direct answer]It is necessary, and the earlier the better. The review of death penalty cases is the last independent review checkpoint in death penalty cases. According to the provisions of the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) on the review procedure for death penalty cases, the Supreme People's Court shall review death penalty cases by interrogating the defendant, and if the defense lawyer requests it, the court shall listen to the defense lawyer's opinions; Article 48 of the Criminal Law of the People's Republic of China clearly stipulates that the death penalty is only applicable to criminals who have committed extremely serious crimes. During the review stage, lawyers mainly focus on whether the evidence is truly sufficient, whether there are illegal evidence, and whether there are statutory or discretionary mitigating circumstances. The common direction of seeking changes is to change the sentence to a death penalty with a two-year reprieve or to send the case back for retrial. For cases with mitigating clues, it is more advantageous to submit written defense opinions as early as possible.

I. Problem Background and Typical Scenarios

After the first-instance court sentenced the defendant to death and the second-instance court upheld the verdict, the case enters the death penalty review procedure of the Supreme People's Court. Many families feel that the outcome is predetermined and don't know what to do, even giving up on hiring lawyers. In fact, during the review stage, the court still reviews the facts, evidence, and sentencing, and the review conclusion may be approval, disapproval, or a change to a suspended death sentence. Typical scenarios include: the first- and second-instance courts failing to fully evaluate circumstances such as voluntary surrender, meritorious service, and confession; key evidence with evidentiary flaws or disputed appraisal opinions; defendants with minor roles in joint crimes being evaluated equally as principal offenders; and victims having reached a civil compensation agreement but not fully reflected in the case file. These situations require explaining to the case handlers during the review stage through written opinions and requests for evidence collection.

II. Key points of dispute

First, determine whether the review constitutes a written review. The review should primarily be conducted in writing, but the defendant should be interrogated, and the lawyer's requests should be heard and their defense opinions should be explained to ensure that they have a procedural channel. Second, grasp the standards of evidence. Whether the evidence is authentic and sufficient, whether there are illegal evidences that should be excluded according to law, and whether the defendants' statements in joint crime cases can corroborate each other are all key points of the review. Third, evaluate the sentencing circumstances. Whether circumstances such as voluntary surrender, meritorious service, confession, compensation and understanding, the victim's fault, and first-time or occasional offenders are omitted or insufficiently evaluated. Fourth, assess the role in joint crime. Whether the person plays a secondary or auxiliary role directly affects whether the death penalty can be applied. Fifth, address procedural issues. Whether there are procedural flaws such as failure to hold a public trial when required or failure to appoint a defense attorney when necessary. It should be noted that there may be differences in judicial interpretations across different regions. The specific application should be based on the currently effective laws, regulations, and judicial rulings.

III. Professional analysis by Henglue Lawyers

The defense work in the review stage is different from that in the first and second trials. The core tasks are organizing materials and expressing opinions. When handling death penalty and major criminal cases, lawyers from our firm usually proceed along the following path: First, fully retrieve and study all case files, check the time, method, and content of evidence collection item by item, and sort out the breakpoints in the evidence chain; Second, compare each piece of appraisal opinion, inspection transcript, and audiovisual material with others, and apply for a re-appraisal or supplementary appraisal when necessary; Third, sort out statutory and discretionary mitigating circumstances, collect materials such as voluntary surrender, meritorious service, returning the illegal proceeds, compensation and understanding, the situation of the dependents, the defendant's past experience, and physical condition, and form directly admissible written evidence; Fourth, write a well-structured defense opinion in the review stage, and argue on four levels: unclear facts, insufficient evidence, improper sentencing, and procedural violations, avoiding emotional expressions; Fifth, promote the victim and the defendant's family to reach an understanding on civil compensation, and formalize the process of fulfilling the understanding in writing, which serves as an important basis for leniency.

There are two points that need to be emphasized: Firstly, the timeframe for the review stage is not lenient, and the preparation of materials must be initiated immediately after receiving the notice. Last-minute efforts will significantly reduce the quality of the materials. Secondly, the information provided by family members should be true and verifiable. Any attempt to forge evidence may backfire on the case. Regarding the interrelated issues of the victims' civil claims and the disposal of the company's funds, they can be combined with each other.Personal injury and medical disputesThe insurance company handles the claims settlement simultaneously, but the claims for procedural rights still need to be processed in accordance with the law.Criminal defenseThe standard path is proposed.

IV. Practical suggestions and legal basis

According to Article 48 of the Criminal Law of the People's Republic of China (the death penalty shall only be applied to criminals who have committed extremely serious crimes, and all death sentences, except those handed down by the Supreme People's Court in accordance with the law, shall be submitted to the Supreme People's Court for approval), Article 50 (handling during the suspension of execution of the death penalty), the provisions on the review procedure of the death penalty and the protection of the right to defense in the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018), and Article 25 of the Legal Aid Law of the People's Republic of China (adopted on August 20, 2021 and implemented from January 1, 2022) regarding the requirement that those who may be sentenced to life imprisonment or the death penalty and do not have a defense attorney should be notified to appoint a lawyer by the legal aid institutions, the defendant enjoys full rights to defense. It is recommended to proceed in the following order: First, confirm the stage of the case and the handling department, and promptly engage a professional lawyer; Second, the family should cooperate in collecting materials on mitigating circumstances, including compensation certificates, letters of understanding, certificates issued by village committees or neighborhood committees, and medical records; Third, the lawyer should timely submit written defense opinions and apply for a hearing, with an evidence list and explanations attached; Fourth, pay attention to the implementation of civil compensation. Compensation in place and obtaining understanding usually have practical significance for leniency; Fifth, maintain smooth communication and avoid passing information through unofficial channels. 被告人享有充分的辩护权。建议按以下顺序操作：第一，确认案件所处阶段与承办部门，尽快委托专业律师；第二，家属配合收集从轻情节材料，包括赔偿凭证、谅解书、村委会或居委会出具的证明、医疗记录等；第三，律师及时提交书面辩护意见并申请听证，附证据目录与说明；第四，关注民事赔偿的履行，赔偿到位并取得谅解通常对从宽有实际意义；第五，保持沟通顺畅，避免通过非正式渠道传递信息。

5. Henglue Law Firm's Reminder

The right to review the death penalty is a fundamental right and should not be waived. There are several pitfalls that are easy to fall into: First, mistakenly believing that the review does not involve substantive review, so they simply do not submit any materials, resulting in favorable circumstances going unmentioned; Second, family members submit unorganized materials to the case-handling organ themselves, which are scattered and lack corroboration, making it difficult to be accepted; Third, delaying until the last minute, with no time to verify the materials; Fourth, believing in the so-called claims that can smooth over relationships, resulting in both a waste of money and a delay in time. In addition, verifying the authenticity of the materials is the bottom line. Forging evidence will lead to new legal responsibilities. For cases where co-defendants are sentenced to heavy punishment together, attention should also be paid to whether the differences in the status of each defendant in the joint crime have been fully distinguished.Criminal defenseAndSpecialised legal servicesIt is possible to combine the review of evidence with the analysis of the case. It is recommended to contact the relevant party immediately after receiving the notice of the review stageBeijing Henglu Law FirmFirst, conduct a comprehensive review of the case files and plot details, and then identify the key points of the defense.

VI. Frequently Asked Questions

Q1: Is it still useful to hire a lawyer during the review stage of the death penalty case?

It's useful. During the review stage, the defendant should be interrogated, and the defense lawyer's opinions should be heard if requested. The lawyer can play a role through written defense opinions, evidence retrieval applications, and communication procedures. In practice, common positive outcomes include changing the death penalty to a two-year reprieve or not approving it and sending the case back for retrial. The specific outcome depends on the evidence situation and the evaluation of the circumstances. No lawyer can make any promises about the outcome.

Q2: What materials do I need to prepare?

First, the identity and entrustment procedures, including the proof of family relationship and the power of attorney; Second, the judgment documents, including the complete versions of the first-instance and second-instance judgments and rulings; Third, the materials showing mitigating circumstances, such as the clues of voluntary surrender and meritorious service, the certificates of returning the illicit proceeds and compensating for the losses, the compensation agreements and letters of understanding, the proof of the supported persons' situation, the medical records and physical examination reports; Fourth, the evidence clues reflecting the facts or procedural issues of the case, including the contact information of witnesses and the copies of documentary evidence.

Q3: Approximately how much does it cost to hire a lawyer during the review stage?

The fees are usually determined through negotiation based on the complexity of the case, the volume of the case file, the need for travel to other locations, and the cooperation in appraisal and evaluation. It is recommended to sign a written contract of entrustment, which clearly specifies the service content and the way of bearing the actual expenses. It is prohibited to charge on a contingency basis in criminal cases, and charging fees based on the outcome of the case violates the regulations on fee management. The specific amount shall be subject to the contractual agreement between the two parties.

Q4: How long does it usually take to review a death penalty case?

The law does not stipulate a uniform review period, and in practice, the review period varies greatly depending on the complexity of the case. Cases with complete materials and concentrated disputes proceed relatively quickly, while cases requiring additional appraisals or involving multiple defendants take longer. What family members can do is to submit materials as early as possible and provide timely explanations to assist in the review process. The specific time limits shall be subject to the notifications and arrangements of the case-handling authorities.

Q5: What should I do first?

The first step is to confirm whether the case has been reported for review and check the judgment documents. Then, immediately entrust professional lawyers to retrieve and study the case files. At the same time, the family should start organizing materials for mitigating circumstances, especially those related to compensation and understanding, and keep the original carriers intact. Do not submit unorganized materials to the case-handling organ by yourself, nor spread the case information on the Internet.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Law Firm for specific cases.

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 Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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. If a dispute arises, please consult a practicing lawyer in time.