[Direct answer]In the Beijing area, it is effective and its impact is continuously increasing. The review of death penalty cases is the last comprehensive review of death penalty judgments by the Supreme People's Court, covering facts, evidence, legal application, and procedures. The law clearly requires that the review of death penalty cases should listen to the opinions of defense lawyers, and the result of the review is "not approved" is not an uncommon option. If it is not approved, the case can be sent back for retrial or be retried according to law. Professional defense opinions in the review stage are often the variable that determines the difference between life and death.

I. Problem background and typical scenarios

The first-instance court sentenced him to death, and the second-instance court upheld the original verdict. When the family received the notice, they were almost in despair, thinking that "the review is just a formality" — this is the biggest misunderstanding of the death penalty review process. Since the approval power was transferred to the Supreme People's Court, the review stage has continuously strengthened the control of evidence and the implementation of policies. Lawyers' opinions are being adopted, and there are indeed cases where the review does not approve the sentence and the case is retried or sent back for review. The defense work is far from over.

II. Key points of contention

First, the nature and scope of the review process for the death penalty. Second, the legal status and rights of lawyers during the review stage. Third, where the focus of the defense opinion should lie. Fourth, the possible outcomes of the review and cooperation with family members.

III. Professional analysis by Henglue Law Firm

First, the procedural nature: Except for death sentences decided by the Supreme People's Court according to law, all other death sentences must be submitted to the Supreme People's Court for approval—review is not an administrative stamp of approval, but a re-examination of the entire case: whether the evidence is conclusive and sufficient, whether the conviction is accurate, whether the sentence must be executed immediately, and whether the procedure is legal are all within the scope of the review. The review conclusion can either be approved or disapproved, with the latter resulting in the case being sent back for retrial or a legally modified sentence. Both outcomes are realistic. Second, the legal status of lawyers: The Criminal Procedure Law clearly stipulates that when the Supreme People's Court reviews death penalty cases, if the defense lawyer requests it, the court shall hear the lawyer's opinions. Relevant judicial interpretations further guarantee lawyers' rights to review case files, present their opinions in person, and submit written defense materials—the defense phase in the review process has become a mandatory part of the legal procedure, and the mechanism of hearing lawyers' opinions has been institutionalized. Third, the focus of defense arguments: Evidence disputes (reliance on confessions and corroboration, clues for excluding illegal evidence, and the integrity of physical evidence chains); sentencing disputes (surrendering, confessing guilt, and leniency for cases involving victims' fault or escalating civil disputes over neighborhood, marriage, or family conflicts); social conflict resolution disputes (compensation and reconciliation, family cooperation in remediation); and procedural disputes (service of documents, appraisal, and procedural flaws in trials). The "policy of resolutely not executing those who could be spared" is implemented in the review process through the evidence-based presentation of these specific arguments. Fourth, the outcome and family cooperation: Cases that are not approved are often due to questionable evidence or sentences that do not require immediate execution. Families also have their own responsibilities—promoting compensation and reconciliation, organizing the defendant's consistent behavior and family circumstances, and assisting lawyers in completing materials. The review process is a stage where legal procedures and conflict resolution proceed in parallel, and both sides have the greatest room for effort.

IV. Practical Suggestions and Legal Basis

The first step is to appoint a lawyer with experience in the review stage as soon as possible and submit a defense authorization; the second step is to organize written defense opinions around the evidence and sentencing and apply for face-to-face reflection; the third step is to simultaneously promote compensation reconciliation and social conflict resolution; the fourth step is to rationally manage expectations and maintain procedural cooperation throughout the process. The main legal basis is Article 48 of the Criminal Law of the People's Republic of China, relevant provisions of the Criminal Procedure Law of the People's Republic of China, and the Supreme People's Court's regulations on the death penalty review procedure; the specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

The three key points of death penalty review are: the review is a full retrial of the case, not a mere procedural formality; the path of not approving the review has always existed in reality; listening to lawyers' opinions is a statutory procedure, and the debates about evidence and sentencing should be presented in an evidence-based manner; the family members should cooperate in promoting compensation and conflict resolution, while legal procedures and moral repair should be carried out in parallel. Those involved in death penalty review and major criminal defense cases can seek assistance through the following channels:Criminal defense and criminal case filingThe service obtains a comprehensive solution, which involves compensation in civil litigation that can be combined with other measuresPersonal injury and medical disputesFor reference, you can refer to the solutions to family conflicts provided in the previous section.Divorce litigation and family disputesFor columns involving the evaluation of difficult cases, you can consult us for adviceSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: Can lawyers review the case files during the review stage?

Yes. According to the relevant judicial interpretations, defense lawyers can review, excerpt, and copy case file materials, and organize defense opinions after fully grasping the evidence in the case.

Q2: What will be done with the cases that are not approved?

The court may rule to disapprove the application and remand the case for retrial, or to modify the verdict in accordance with the law; after the case returns to the trial process, the defense attorney will have more opportunities to present his arguments.

Q3: How long does the review take?

The law does not stipulate a review period. The duration of the review depends on the complexity of the case and the review of the evidence. Families should be patient and continue to cooperate with the authorities.

Q4: Is the compensation agreement still useful during the review stage?

It's useful. Resolving social conflicts is an important consideration in the review process, and compensation and understanding, as well as the attitude of the victim, have a substantial impact on the sentencing judgment.

Q5: Can lawyers meet with the defendant during the review stage?

I can legally meet with the detained defendants, verify the case situation, convey the defense plan, and provide support for reflecting opinions and preparing materials.

The above Q&A is mainly based on judicial practices in the Beijing area. There may be differences in the interpretation of judgments in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

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 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.