[Direct answer]Yes. The review of death sentences is a special procedure before the death sentence takes effect: for first-instance cases sentenced to death by intermediate people's courts and where the defendant does not appeal, the higher people's courts shall review them and then submit them to the Supreme People's Court for approval (in accordance with the relevant provisions of the Review Procedure for Death Sentences in the Criminal Procedure Law of the People's Republic of China, amended and implemented on October 26, 2018); during the review, if the defense attorney raises a request, the court shall listen to the defense attorney's opinion. After the approval, the judgment takes effect. The parties and their legal representatives and close relatives may still file an appeal with the people's courts or the people's procuratorates in accordance with Article 252 of the Criminal Procedure Law. If the appeal meets the conditions, the trial supervision procedure for retrial shall be initiated; the appeal does not stop the execution of the judgment. Whether the judgment can be changed depends on whether there is new evidence to prove that the facts of the original judgment are wrong or that the application of the law is indeed wrong.

1. Problem background and typical scenarios

After the first-instance death sentence is handed down, families are most likely to confuse two stages: either thinking that "the sentence taking effect is the end of the process" and missing the last window for substantive defense in the review stage; or believing that "appealing is the same as appealing", using the wrong procedure and missing the deadline. Every step in the review and appeal stages of death penalty cases is the last chance for remedies.

II. Key points of dispute

First, the expression of opinions in the review stage—the defense lawyer's requests should be heard, but what is proposed and how it is proposed directly determine the outcome. Second, the boundary between appeal and petition: whether the first-instance judgment in the review stage can be appealed (yes, if the defendant appeals, the case will proceed to the second-instance trial and will no longer follow the review and approval path). Third, how to organize the statutory grounds for initiating a retrial through petition. Fourth, the supervisory opinions of the Supreme People's Procuratorate in the review of the death penalty.

III. Professional analysis by Henglue Law Firm

The defense work in death penalty cases needs to be proactive. The evidence review in a car-ramming case handled by Henglue Law Firm demonstrates the importance of this process. On June 16, 2024, Zhang Daqiang drove his car at a speed of about 60 kilometers per hour into the mixing station laboratory, causing the immediate death of Zhao Gang and injuring two others. The lawyer representing the victim's family comprehensively reviewed the physical evidence, witness statements, expert opinions, on-site inspections, and audio-visual materials, and refuted the defense's arguments about subjective intent (e.g., expressing murderous intent before the collision and accelerating despite being just a few meters away), voluntary surrender (e.g., lying to the police about brake failure and making inconsistent statements), and the victim's fault. The court ultimately sentenced the defendant to death for intentional homicide. For the defense, the room for reversal in similar cases lies precisely in these aspects: whether the evidence of subjective intent is conclusive, whether the voluntary surrender is accurately determined, and whether the appraisal process is legal. The review in the retrial and appeal stages essentially involves re-examining these chains of evidence. In the appeal stage, the legal grounds focus on five categories: new evidence proving that the original judgment misidentified the facts, evidence used to convict and sentence being unreliable or insufficient, or contradictions among the main evidence proving the facts of the case; errors in the application of the law in the original judgment; and judicial misconduct such as bribery or unlawful sentencing by trial personnel. The appeal materials should specifically address these legal grounds in each case, rather than making general appeals of injustice.

IV. Practical suggestions and legal basis

Program recommendation: If the first-instance judgment is the death penalty, prioritize evaluating the appeal - once the appeal enters the second-instance, a comprehensive rehearing will be conducted, which offers far more opportunities than filing a post-conviction appeal. If the defendant does not appeal, during the review stage, it is essential to hire a lawyer to submit defense opinions to the Supreme People's Court and apply for a hearing. If the review is approved, simultaneously apply for supervision to the People's Procuratorate. Main legal basis: Article 227 of the Criminal Procedure Law of the People's Republic of China (right of appeal), provisions related to the death penalty review procedure, Article 252 (appeal), Article 253 (statutory grounds for retrial), Article 254 (initiation of retrial), amended and implemented on October 26, 2018; Article 232 of the Criminal Law of the People's Republic of China (intentional homicide); specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

Three reminders: There are no public rules on the time limit for reviewing death penalty cases, but the process from submitting the case for review to making a ruling can take months or even longer. During this period, families should keep open communication channels with lawyers and provide timely supporting materials; appeals should rely on new evidence as the strongest driving force. Witnesses' recantations, possible new appraisals, and clues of procedural violations should be fixed as soon as possible after the judgment takes effect; do not file repeated appeals without evidence—appeals without statutory grounds will be rejected in writing, which will only diminish the attention paid to the materials by the case-handling authorities. It is better to put more effort into the early stages of the process than to take risks in the later stages. For death penalty defense and appeals, you can seek assistance through the following channels:Criminal defense and criminal case filingYou can refer to it if you need a comprehensive solution for your services, especially for cases involving major personal injury and fatalitiesPersonal injury and medical disputesThe columns related to enforcement and compensation implementation can be combined togetherCreditor's rights and debts, and enforcementFor cases involving cross-cutting commercial crimes, you can seek advice from usBusiness and contract disputes in enterprisesFor any difficulties with the program, please contact the team.Special services.

VI. Frequently Asked Questions

Q1: What can lawyers do during the review of a death penalty case?

Submit written defense opinions to the Supreme People's Court, apply to express opinions to the presiding judge in person, and supplement favorable evidence materials; in accordance with the provisions of the Criminal Procedure Law, the defense lawyer shall be heard when he/she makes a request.

Q2: What materials are required for an appeal?

The appeal letter (stating the appeal request and statutory grounds), copies of the effective judgment and ruling, evidence of new evidence or clues of procedural violations, and proof of the appellant's identity and relationship; the materials shall be organized according to the grounds for retrial.

Q3: What is the approximate cost of an appeal?

The appeal itself does not require the payment of litigation fees; the main expenses are attorney's fees, which are negotiated according to the complexity and stage of the case and priced based on market conditions. The specific fees shall be subject to the provisions of the entrustment contract.

Q4: How long does it take from an appeal to a retrial?

The law does not set a unified time limit for the review of appeals. It usually starts from several months, and the review of major cases involving the death penalty is more rigorous and takes longer. After the decision on retrial, a new collegial panel is formed to hear the case, which is generally conducted in accordance with the original trial procedures.

Q5: What should family members do?

1. As soon as possible, entrust a lawyer with experience in death penalty cases to conduct a comprehensive review of the case files; fix any new evidence clues as soon as possible; submit materials to the court and the procuratorate in parallel; maintain rational communication and avoid emotionally charged visits that may waste procedural opportunities.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

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 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.