[Direct answer]In the Beijing area, the review of death penalty cases is the final review procedure for the immediate execution of death sentences by the Supreme People's Court. Cases in which the defendant does not appeal still need to be submitted for approval. According to Article 48 of the Criminal Law of the People's Republic of China (amended on December 26, 2020 and implemented on March 1, 2021), the death penalty is only applicable to criminals whose crimes are extremely serious. Except for those sentenced by the Supreme People's Court in accordance with the law, all other cases shall be submitted to the Supreme People's Court for approval. The defense focuses on three aspects: whether the facts are clear, whether the evidence is genuine and sufficient, whether the charge is accurate, and whether it belongs to the category of "not requiring immediate execution". When reviewing death penalty cases, the Supreme People's Court shall interrogate the defendant and, if the defense attorney so requests, shall listen to the defense attorney's opinions.

I. Problem Background and Typical Scenarios

After the first and second instance courts sentence the defendant to death with immediate execution, the case file is transferred to the Supreme People's Court. By this time, the family members have often changed lawyers several times, and they often hear the saying that "the review is just a formality". In fact, the review stage is not held in public. It mainly adopts the methods of written review, interrogating the defendant, and listening to the defense lawyer's opinions. It may seem calm, but it is the last window to correct the deviations in fact determination and re-evaluate the sentencing circumstances. Common situations include: the role of the perpetrator in a joint crime is exaggerated, the fact determination highly relies on confessions, the compensation and reconciliation work has not been implemented, or the issues of criminal responsibility and mental illness appraisal have not been clarified. These situations often involve cases sentenced to heavy punishment.Criminal defenseThe grasp of procedural nodes is more effective than emotional appeals.

II. Key points of contention

First, the standard of evidence. Death penalty cases apply the strictest standard of proof. Evidence should corroborate each other and exclude reasonable doubts. If there are contradictory evidence on the same fact that has not been reasonably excluded, it is the most important breakthrough point in the review stage. Second, status and role. Whether the defendant is the principal offender in a joint crime, whether he/she directly committed the act of causing death, and whether he/she was gathered or coerced to participate directly affect whether the death penalty can be imposed immediately. Third, evaluation of circumstances. Whether the defendant surrendered voluntarily, confessed his/her crime, rendered meritorious service, committed the victim's fault, admitted his/her guilt and repented, or compensated for the victim and obtained forgiveness, etc., are statutory and discretionary circumstances. Whether these circumstances were fully evaluated in the first and second instance is a common focus of defense in the review stage. Fourth, rights protection. Interrogating the defendant and hearing the defense lawyer's opinions in the review stage are statutory procedural requirements. Lawyers can submit new evidence clues and apply for retrieving materials. Fifth, charges and concurrence. The choice of charges when the same act violates several criminal offenses directly determines the statutory sentencing arrangement. The dispute over the nature of the crime is often a matter of life and death.

III. Professional analysis by Henglue Lawyers

The defense in the review stage is not a repetition of the defense in the first and second instance, but a re-examination of the entire case with higher standards. The routine actions of Henglue Criminal Defense Team in death penalty cases include: comprehensively copying and studying the first- and second-instance case files page by page, making a table of evidence contradictions, and marking key accusations that lack corroboration one by one; meeting with the defendant to verify the motive of the crime, the details of the scene, and the process of appearing in court, to avoid substituting the defense lawyer's imagination for the client's statements; writing defense opinions in the review stage around five aspects: facts, evidence, qualification, circumstances, and procedures; applying for investigation and evidence collection or retrieving original materials for factual clues that are not found in the case file but objectively exist; on the victim's side, promoting the implementation of compensation and understanding, and solidifying discretionary circumstances into documentary evidence; at the same time, truthfully informing the family of the procedural nodes and risks, without making any promises about the outcome. In practice, whether the defense opinions in the review stage can be adopted depends on whether the specific breakpoints in the evidence chain are accurately pointed out, rather than emotional expression. The arrangements for meetings and review of case files in similar cases in the Beijing area also need to be planned in advance.

IV. Practical suggestions and legal basis

According to Articles 48 and 49 of the Criminal Law of the People's Republic of China (which stipulate that the death penalty shall not be applied to persons under the age of 18 at the time of the crime and to pregnant women at the time of trial), Article 50 (amended on December 26, 2020 and implemented on March 1, 2021) regarding the scope of application of the death penalty and the death penalty with a reprieve, as well as the Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018 and implemented on October 26, 2018) regarding the review procedure for death penalty cases and the requirement to interrogate the defendant and listen to the defense lawyer's opinions in reviewing death penalty cases, and the relevant provisions of the Supreme People's Court on hearing the defense lawyer's opinions in handling death penalty review cases, it is recommended that: First, immediately entrust a lawyer to intervene after the second-instance judgment, rather than waiting until the case files are transferred before initiating the process; Second, simultaneously submit written defense opinions and apply for face-to-face statements, and narrow down the key disputes to the most crucial two or three points; Third, family members should cooperate in providing clues such as the defendant's whereabouts, communications, and finances at the time of the crime, providing direction for the collection of new evidence; Fourth, urgently complete the work of compensation and reconciliation and fix documentary evidence; Fifth, carefully assess the possibility of a death penalty with a reprieve or a change of sentence, and distinguish between the two outcomes of "not approving the review and sending the case back for retrial" and "changing the sentence". The specific handling of the case shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

There is no statutory time limit for the review of the death penalty, and the waiting time may be quite long. However, the execution order is issued by the President of the Supreme People's Court, and once it is approved, it will be executed immediately. Therefore, every day of the review stage is precious. The review of cases involving a suspended death sentence is conducted by the Higher People's Court, and the procedures are different from those for cases involving immediate execution of the death penalty. Two points should be noted: Firstly, the defense positions of the co-defendants in the same case may conflict with each other, so it is not advisable to share the same lawyer to avoid conflicts of interest affecting the effectiveness of the defense. Secondly, when family members contact the victims to discuss compensation, they should be cautious in their choice of words and methods. The amount of compensation and the form of the letter of understanding may affect the evaluation of the circumstances, so it is advisable to do so under the guidance of a lawyer.Criminal defenseEvery node in the decision tree involves trade-offs between different rights and interests.Specialised legal servicesWe can provide full support for marking papers, holding meetings, and writing opinions.Beijing Henglu Law FirmIt is recommended that family members get involved as soon as possible, communicate rationally, and provide clues truthfully.

VI. Frequently Asked Questions

Q1: Is there a high chance of successfully obtaining a modified sentence during the review stage of the death penalty case?

There is no universal answer, and it depends on the case itself. If there are obvious breaks in the chain of evidence, if the role in the joint crime is exaggerated, or if the statutory mitigating circumstances are not evaluated, there is room for not approving or overturning the verdict. If the facts are clear, the evidence is solid, and the circumstances are egregious, the review will usually focus on approving the verdict, and the defense focus will shift to advocating for a suspended death sentence.

Q2: What materials do I need to prepare?

The first-instance and second-instance judgments, the indictment, the list of evidence and case files, the defendant's statements and defense materials, the clues to the defendant's whereabouts, communications, medical and mental conditions held by the family, and the written proof of compensation and understanding; the power of attorney and defense opinions shall be submitted in accordance with the requirements of the Supreme People's Court.

Q3: How much are the attorney's fees approximately?

The attorney's fees for death penalty review cases are usually determined through negotiation in stages, and are related to the complexity of the case, the amount of case materials reviewed, and the cost of meeting clients in different locations. Expenses such as travel, appraisal, and document translation are settled separately based on actual costs, and the specific terms are subject to the provisions of the engagement contract.

Q4: How long does the death penalty review process take?

The law does not stipulate a fixed trial period. In practice, decisions are usually made within a few months, and the process may take longer for major and difficult cases. During this period, lawyers can submit additional opinions and materials, and family members should keep the communication channels open to avoid missing the interrogation and hearing sessions.

Q5: What should I do first?

Immediately confirm the current stage of the case and appoint a professional criminal lawyer to complete the meeting, review of the case file, and submission of written defense opinions as soon as possible; at the same time, sort out new clues that can be verified and push forward with compensation and reconciliation work, and put the evaluation of the circumstances into writing.

The above answer is based on the judicial practice in Beijing. The adjudication standards in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant 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 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. If you encounter disputes, please consult a practicing lawyer in time.