[Direct answer]In the Beijing area, there is still hope, but a review does not necessarily lead to a change in the verdict. The review of the death penalty is a mandatory procedure for death penalty cases, and the Supreme People's Court exercises the right of approval. If the review is not approved, the case may be sent back for retrial or a change in the verdict. According to Article 251 of the Criminal Procedure Law of the People's Republic of China (amended and implemented on October 26, 2018), the Supreme People's Court shall interrogate the defendant when reviewing death penalty cases, and if the defense lawyer requests it, the defense lawyer's opinions shall be heard. Therefore, lawyers have great opportunities in the review stage: submitting written defense opinions, striving for oral statements, collecting new evidence and sentencing circumstances. It is recommended to entrust a lawyer with experience in death penalty review cases as soon as possible, and to systematically advance based on the flaws of the evidence and the scope of sentencing. For reference, please refer to the following materials:Criminal defense and criminal case filing services.

1. Problem background and typical scenarios

After the first and second instance courts sentence the defendant to death, the defendant and his family often fall into despair, believing that "it's a foregone conclusion". In fact, the death sentence will not take effect immediately. It must be submitted to the Supreme People's Court for review and approval. The review stage is the last checkpoint to prevent miscarriages of justice. In practice, there are indeed cases where the review and approval are not granted due to questionable evidence, unbalanced sentencing, or the emergence of new circumstances, and the case is sent back for retrial. Typical scenarios include: the evidence used to convict the defendant has flaws and needs to be reviewed again; sentencing circumstances such as voluntary surrender, meritorious service, and the victim's fault were not fully recognized in the first and second instance trials; new circumstances such as compensation and understanding were only reached in the review stage; and the defendant's health or family situation has undergone major changes. For cases involving compensation and understanding with the victim's side, reference can be made to the following:Personal injury and medical dispute servicesUnderstand the scope of compensation items.

II. Key points of dispute

The focus of the controversy lies in three aspects. Firstly, the depth of the review: the review is mainly based on written review, supplemented by questioning the defendant and listening to the lawyer's opinions. Whether it can promote the judge to deeply investigate the flaws of the evidence depends on the quality and pertinence of the defense opinions. Secondly, the further exploration of sentencing circumstances: such as compensation, understanding, first-time offender, and general performance, etc. If these circumstances are ignored in the first and second trials, there is still room for remediation in the review stage. Thirdly, how lawyers' opinions are heard: if the lawyers put forward requirements, the Supreme People's Court shall listen to their opinions. However, when to submit, how to submit, and what to submit directly affect the actual effect.

III. Professional analysis by Henglue Lawyers

Based on practical observations of defense work during the review of death penalty cases, lawyers should focus on three key tasks. First, systematically submit written defense opinions: identify contradictions and flaws in the evidence against the defendant, and argue that the evidence system does not meet the standards of being conclusive and sufficient, or that the sentencing is clearly unbalanced. Second, strive to present opinions in person and meet with the defendant: in-person presentations can help transform written opinions into direct evidence for the judge, and meetings can verify whether the investigation procedures are standard and whether there are clues of torture for confessions. Third, supplement new evidence: promote the implementation of compensation and reconciliation agreements, collect evidence of the defendant's daily behavior and character, and verify whether there are omissions in the determination of voluntary surrender and meritorious service. Lawyers in Beijing who handle death penalty review cases also need to be familiar with the review focus and document style of the various criminal trial courts of the Supreme People's Court. The opinion letter should directly address the key issues rather than covering everything. The collection and implementation of compensation funds can be referenced accordingly.Creditor-debtor relations and enforcement case servicesThe family should cooperate with the lawyer to organize the materials and stabilize the defendant's emotions, and should not easily believe in the saying of "using connections to bail someone out".

IV. Practical suggestions and legal basis

The legal basis is Article 48 of the Criminal Law of the People's Republic of China (implemented on October 1, 1997 and amended several times): "The death penalty shall only be applied to criminals who have committed extremely serious crimes. Except for those sentenced to death by the Supreme People's Court in accordance with the law, all death sentences shall be submitted to the Supreme People's Court for approval." 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 251: "During the review, the defendant shall be interrogated, and the defense lawyer's opinions shall be heard if requested by the defense lawyer"; Article 252: "If the death penalty is not approved, the case may be sent back for retrial or be subject to a different sentence." Practical suggestions: Hire a lawyer as early as possible during the review stage; highlight the two main lines of evidence and sentencing in the written opinion; simultaneously promote compensation and understanding; keep records of all procedural objections for future reference. For major and complex cases, a special defense plan can be developed in combination with the above suggestions.Special services and other case-related servicesDevelop.

5. Henglue Law Firm's Reminder

There is no clear time limit for the review of the death penalty. In practice, the review process can take anywhere from a few months to several years, so families need to be prepared for a long-term effort. During this period, the following practical steps can be taken: hiring a professional lawyer as soon as possible to submit defense opinions, cooperating in the collection of new evidence, and maintaining the defendant's emotional stability. It is important to avoid taking hasty and impulsive actions. Any claims of "spending money to bail someone out" or "guaranteeing that the review will not be approved" are illegal rhetoric. The review results can be either approval, remand, or a modified sentence. Regardless of the outcome, the lawyer's professional opinions should be presented to the judge as soon as possible, as the earlier the lawyer gets involved, the greater the chances of success. If you need to evaluate the review plan for your case, please contact us.Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: Is there a high chance that the death penalty review will not be approved and the sentence will be changed?

The review is not a formality, nor is it an inevitable reversal of the original verdict. The Supreme People's Court will refuse to approve cases where there are doubts about the evidence, unclear facts, or imbalanced sentencing, and will send them back for retrial or revise the verdict if there are precedents; but for cases with clear facts, conclusive evidence, and appropriate sentencing, it will usually approve them. Whether there is hope depends on whether the evidence of the entire case can withstand scrutiny, whether the sentencing circumstances have been omitted, and whether there are new facts or circumstances. Rather than talking about probabilities, it's better to entrust a lawyer as soon as possible to conduct a comprehensive evaluation of the case file and implement the points that can be争取 one by one.

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

The key materials include: the judgments and rulings of the first and second trials (to clarify the logic of the case), the list of evidence in the entire case (to identify contradictions and flaws), new evidence or new evidence clues, sentencing circumstances materials (compensation certificates, letters of understanding, defendants' usual performance and character certificates, certificates of major diseases, etc.), as well as clues of procedural violations (application for retrieving interrogation audio and video recordings, clues of torture for confessions). The materials should be organized around the two main lines of "whether the evidence is truly sufficient" and "whether the sentencing is appropriate". The lawyer should compile them into written defense opinions and submit an application for a hearing to present his/her opinions in person.

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

The attorney's fees are determined through consultation between the law firm and the client, and there is no nationwide standard pricing. The fees are usually calculated based on the complexity of the case, the stage of the case, and the workload, either on a per-case or hourly basis. In criminal cases, contingency fees are prohibited, and fees cannot be charged based on the outcome ratio such as "paying only if the application is not approved". For death penalty review cases with a large amount of materials and a long review period, it is recommended to clarify in the engagement contract the service content (reviewing case files, meeting with clients, submitting opinions, making oral presentations, etc.), the total fees, and the payment milestones. Any requests for additional fees under the guise of "operational relationships" should be rejected outright and evidence should be preserved.

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

The law does not stipulate a clear time limit for the review of the death penalty. In practice, most cases are concluded within a few months, but cases with complex evidence, requiring verification of new evidence or hearing from multiple parties, may last more than a year or even longer. During this period, the court will question the defendant, and the lawyer will listen to the defense attorney's opinions if requested. Families should be prepared for a long-term process, maintain communication with their lawyers, and provide additional materials in a timely manner. They should not believe in external claims of "having channels to expedite the process" out of anxiety during the waiting period, as the pace of the review is not subject to any personal interference.

Q5: What should family members do first during the review stage?

The first step is to appoint a defense attorney with experience in death penalty review as soon as possible. The attorney will evaluate the case file and develop a defense strategy. The second step is to cooperate with the attorney to organize the judgment, evidence clues, and family situation materials, and to promote the implementation of sentencing circumstances such as compensation and understanding. The third step is to save money and send supplies to the defendant, stabilize their emotions, and avoid them giving up or making inappropriate statements. The fourth step is to follow up through legal channels throughout the process and keep records of the entrustment and communication. Anyone who promises "guaranteed not to approve" or demands "relationship fees" should not be trusted. This not only prevents being cheated, but also avoids legal risks.

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 Lawyers for specific situations.

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 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. If you encounter disputes, please consult a practicing lawyer in time.