[Direct answer]In the Beijing area, the review of death sentences is a special procedure where death sentences are reported to the Supreme People's Court for approval in accordance with the law. It is the last avenue of relief for death penalty cases. According to Article 246 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), death sentences shall be approved by the Supreme People's Court; Article 247 stipulates that if the defendant in a first-instance death penalty case of an intermediate people's court does not appeal, the intermediate people's court shall review the case and then report it to the Supreme People's Court for approval; Article 248 stipulates that cases of death sentences with a two-year reprieve shall be approved by the intermediate people's court. According to Article 48 of the Criminal Law of the People's Republic of China (implemented on October 1, 1997), the death penalty shall only be applied to criminals who have committed extremely serious crimes. Except for those sentenced by the Supreme People's Court according to law, all death sentences shall be reported to the Supreme People's Court for approval. It is recommended to entrust a lawyer to submit written opinions and apply for a hearing as soon as possible.

I. Problem Background and Typical Scenarios

The death penalty is divided into immediate execution and two-year suspended execution. The approval levels for the two types of execution are different: immediate execution is approved by the Supreme People's Court, while suspended execution is approved by the Higher People's Court. Cases usually go through the stages of investigation, review and prosecution, first-instance and second-instance trials, and enter the review process after the judgment takes effect. Typical situations include: the second-instance court upholding the death penalty judgment, and the family mistakenly believing that the judgment is final and giving up remedies; the defendant being convicted of extremely serious crimes in the first-instance trial, but the circumstances such as voluntary surrender, meritorious service, and the victim's fault being insufficiently evaluated; the roles of principal and accomplice in joint crime cases being unclear; and the existence of evidence that should be excluded or the defense rights that should be guaranteed not being implemented. The review of the death penalty is not a formal review, but a re-examination of the facts, evidence, application of law, and procedures. Early intervention is necessary to make effective suggestions. You can first learn about it.Criminal defense and legal services for criminal case filingThe case-handling process.

II. Key points of dispute

There are usually four main points of contention during the review stage. Firstly, whether the sentence must be executed immediately: whether the crime is extremely serious, and whether there are statutory or discretionary mitigating circumstances, such as voluntary surrender, meritorious service, confession, accomplice, victim's fault, and compensation and reconciliation. Secondly, whether the evidence is authentic and sufficient: the attribution of the implementation acts in joint crimes, the determination of causality, and whether the appraisal opinions and verbal evidence can corroborate each other. Thirdly, procedural legality: whether there is illegal evidence that should be excluded, and whether the right to defense and cross-examination is guaranteed. Fourthly, subjects and responsibilities: the distinction between corporate crimes and direct responsible persons, and the evaluation of the roles and positions in joint crimes. If the victim claims compensation, reference can be made to the relevant provisions.Legal services for personal injury and medical disputesOrganize the projects and standards.

III. Professional analysis by Henglue Lawyers

Based on Henglu Law Firm's practical observations in handling major criminal cases, the defense value of death penalty review mainly manifests in four aspects. Firstly, re-examination of facts and evidence: The review is not limited to the surface of the case file. Lawyers can raise specific questions about the attribution of acts in joint crimes, contradictions in witness testimonies, and the conditions for accepting expert opinions, and apply for supplementary verification. Secondly, strengthening sentencing circumstances: A comprehensive review of voluntary surrender, meritorious service, confession, accomplice, first-time offenders and occasional offenders, victim's fault, family difficulties, and repentance can form a written chain of evidence to avoid having circumstances without evidence. Thirdly, review of the legality of the procedure: Record and put forward opinions on the defects in the evidence-gathering process, the protection of the right to defense, and the cross-examination in the courtroom one by one. Fourthly, making full use of channels for expressing opinions: According to relevant regulations, defense lawyers can submit written opinions during the review, and those who request it shall be arranged to hear their opinions. Lawyers can also apply for a meeting and verify the details with the defendant. It should be noted that the result of the death penalty review is determined by the Supreme People's Court in accordance with the law, including approval, disapproval and remand for retrial or sentencing according to law. No lawyer can promise a specific result. The professional value lies in ensuring that the facts and circumstances favorable to the defendant are fully presented. For the disposal of the involved property, it can be handled throughSpecial services and legal services for other casesCollaborative processing.

IV. Practical suggestions and legal basis

The legal basis is Article 246 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018) (the death penalty shall be approved by the Supreme People's Court), Article 247 (the procedures for requesting approval of the death penalty imposed by the intermediate court on the defendant who does not appeal), and Article 248 (the suspension of execution of the death penalty shall be approved by the higher people's court); Article 48 of the Criminal Law of the People's Republic of China (implemented on October 1, 1997) (the conditions for applying the death penalty and the approval level), and Article 50 (the legal consequences of the suspension of execution of the death penalty). The specific procedures for review and the process of hearing the defense lawyer's opinions shall be implemented in accordance with the current effective regulations such as the "Measures of the Supreme People's Court on Hearing the Defense Lawyer's Opinions in Death Penalty Review Cases" (subject to the current effective laws, regulations, and judicial rulings). Practical suggestions: First, confirm as soon as possible whether the case has entered the review procedure and verify the judgment documents; Second, entrust a lawyer with experience in major criminal cases to submit written defense opinions in a timely manner; Third, organize materials around four aspects: doubtful facts, insufficient evidence, procedural defects, and sentencing circumstances; Fourth, collect evidence of compensation and understanding, consistent behavior, and health status; Fifth, cooperate in verifying details and not repeat claims without evidence. The division of responsibilities in the case of joint crime can be combined with the above-mentioned points.Legal services for corporate commercial and contract disputesClarify the relevant facts.

5. Henglue Law Firm's Advice

The review of the death penalty is the final step, and what is most needed is professionalism and patience, rather than hoping for luck. First, do not give up on procedural rights. During the review stage, you can still express defense opinions in accordance with the law. Second, do not pin your hopes on "connections". You should be cautious of any promises about the outcome. Third, the materials should be specific. The contradictions in the facts should be listed item by item and accompanied by clues. General statements are difficult to be accepted. Fourth, the victim's side should rationally deal with compensation and understanding. The payment of compensation and the obtaining of understanding have practical significance in the evaluation of sentencing. Fifth, family members should maintain communication with defense lawyers, provide clues and materials truthfully, and avoid affecting the effectiveness of defense due to incomplete information. If you need a professional evaluation, you can make an appointment for a face-to-face consultation with the criminal defense team for further understanding.Legal services for creditor-debtor relations and enforcement casesThe role in the disposal of relevant items.

VI. Frequently Asked Questions

Q1: Is there still a chance to review the death penalty and change the verdict?

Yes, but the space is limited and it depends on the specific case. During the review, the Supreme People's Court reviews the facts, the admissibility of evidence, the application of law, and the legality of the procedure in accordance with the law. For cases with flawed evidence, insufficient consideration of sentencing circumstances, improper identification of principal and subordinate offenders in joint crimes, or the existence of statutory mitigating circumstances, the court may issue a ruling not to approve the death penalty, send the case back for retrial, or change the sentence according to law. According to Article 247 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), if the defendant in a first-instance case sentenced to death by an intermediate people's court does not appeal, the case shall be reviewed by a higher people's court and then submitted to the Supreme People's Court for approval. Defense lawyers should put forward written opinions based on the above-mentioned points, but they should not make any promises about the outcome.

Q2: What materials need to be prepared during the review stage of the death penalty case?

These materials typically include: first-instance judgments, second-instance rulings, and trial reports; previous defense statements and defense opinions; materials and clues that can prove that the facts are questionable, the evidence is insufficient, or the procedures are illegal; evidence of statutory or discretionary sentencing circumstances such as voluntary surrender, meritorious service, confession, accomplice, victim's fault, and compensation and understanding; victim's letters of understanding and compensation certificates; materials on the defendant's physical condition, family situation, and repentance; as well as necessary professional appraisals or expert opinions. The materials should correspond to the review standards applicable to the death penalty one by one, forming a well-organized written opinion, which is convenient for the review and verification by the review court.

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

The attorney's fees are not standardized nationwide. They are usually determined through comprehensive consideration of the complexity of the case, the size of the case file, the amount of work required, and the attorney's qualifications by the law firm and the client, and are specified in the retainer contract. The workload of death penalty review cases is relatively large, and the fees are generally higher than those of a single trial stage of ordinary criminal cases. According to the "Measures for the Administration of Lawyer's Service Fees" and industry rules, risk-based fees are prohibited in criminal cases. There is no case acceptance fee charged to the defendant for death penalty review. It is recommended to request a written quote and list the service content and deliverables to avoid confusing the fees of the review stage with those of the trial stage.

Q4: How long does it usually take to get the result of a death penalty review?

The law does not stipulate a clear timeframe for the review of the death penalty. In practice, it typically takes several months, with significant differences depending on the size of the case file, the need to retrieve evidence, and the submission of supplementary opinions. During the review, the Supreme People's Court forms a collegial panel to conduct the review in accordance with the law, and should interrogate the defendant and listen to the opinions of defense lawyers who request it. The review results include approving the death penalty, disapproving it and sending the case back for retrial, or modifying the sentence according to the law. Families should prepare for the review cycle in advance, maintain communication with the handling court and defense lawyers, and promptly supplement materials favorable to the defendant to avoid missing the opportunity to express their opinions due to waiting.

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

It is recommended to proceed in four steps: First, confirm as soon as possible whether the case has entered the review procedure and verify the progress of the adjudication document and the application for approval; Second, entrust a lawyer with experience in defending death penalty cases to submit written defense opinions and apply for a hearing as soon as possible; Third, systematically sort out the factual evidence and sentencing circumstances that may have been overlooked in the first and second trials, and focus on collecting materials such as compensation agreements, victims' faults, and accomplices' roles in joint crimes; Fourth, maintain communication with the lawyer, provide clues truthfully, and do not easily believe any promises about the outcome. Although the process has reached the final stage, fully expressing opinions according to the law is still of great significance in protecting the defendant's legitimate rights and interests.

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

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

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.