[Direct answer]In the Beijing area, the review of death penalty cases is the last procedural safeguard for defendants: the Supreme People's Court reviews death penalty cases, and if the defense lawyer requests it, the court shall listen to the defense lawyer's opinions (according to the relevant provisions of the Review Procedure for Death Penalty Cases in the Criminal Procedure Law of the People's Republic of China, which was amended and implemented on October 26, 2018). When selecting a lawyer, there are four key indicators to consider: their track record in handling death penalty review cases, their understanding of death penalty policies and evidentiary standards, the depth of their arguments in written opinions, and their procedural experience in communicating with the highest judicial authorities. The review process can take several months or even longer from the submission of the review application to the issuance of the ruling, so it is advisable to hire a lawyer as early as possible.

1. Problem background and typical scenarios

After the second-instance court upheld the death sentence, the case entered the review stage by the Supreme People's Court. Many families thought, "Since the sentence has been handed down, there's no hope of appeal," or simply hired the same lawyer to go through the formalities. In reality, the standards during the review stage are much stricter—evidence that is questionable, changes in sentencing policies, or the emergence of new circumstances could all potentially alter the outcome; and the defense at this stage requires a high level of professionalism, which is completely different from the approach taken in the first and second instances.

II. Key points of contention

First, the focus of the review of the defense: evidence review (subjective intent, appraisal procedures), policy application (prudent sentencing and minimal use of the death penalty), new evidence, and procedural clues. Second, the way to verify the lawyer's experience - review cases are usually conducted in closed sessions, with brief documents, and the difficulty of verifying actual performance is higher than that of ordinary cases. Third, the channels and pace of expressing opinions. Fourth, how family members can cooperate in fixing new evidence.

III. Professional analysis by Henglue Lawyers

When selecting a lawyer for death penalty review, the key lies in assessing their evidence review capabilities and procedural experience. Judging from Henglue's handling of death penalty cases, the evidentiary standards for such cases are as follows: In a case involving a car crash that resulted in one death and two injuries on June 16, 2024, Zhang Daqiang drove at a speed of about 60 kilometers per hour and rammed into a laboratory, killing one person and injuring two others. The lawyer representing the victim comprehensively reviewed physical evidence, statements, expert opinions, on-site inspections, and audiovisual materials, refuting the defense's arguments about subjective intent (revealing murderous motives before the collision and accelerating without evading at a distance of several meters) and voluntary surrender (reporting to the police and repeatedly denying brake failure). The court sentenced Zhang to death for intentional homicide. Conversely, the defense side must also conduct a thorough review of each piece of evidence in the case: whether the chain of evidence for subjective intent is complete, whether the appraisal of vehicle speed and collision path rules out other possibilities, and whether the reporting to the police and surrender process constitute voluntary surrender. Any weakness in any of these links could change the sentencing conclusion. To assess a lawyer's competence during the interview, simply ask them to discuss three things: the stages and outcomes of their death penalty cases, their preliminary review of the evidence chain in this case, and the framework of their arguments to be submitted to the Supreme Court. Those who only talk about "connections" and "influence" should be immediately disqualified. Only those who can discuss specific pages and expert appraisal details of the case files are worth entrusting.

IV. Practical suggestions and legal basis

The four-step process of entrusting a lawyer includes: 1. Verifying the lawyer's practice information and criminal law expertise. 2. Requiring the lawyer to provide a preliminary defense opinion after reviewing the case file to evaluate their ability to identify legal issues. 3. Confirming the arrangements for submitting the opinion and presenting it in person. 4. Simultaneously, the family members should collect new evidence clues (witnesses, health records, procedural materials). **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 process (during the review, the defense lawyer's requests must be heard); - Article 252 (appeal after the judgment takes effect), amended and implemented on October 26, 2018; - Article 232 (intentional homicide) and Article 48 (conditions for applying the death penalty) of the Criminal Law of the People's Republic of China; - Specific applications shall be subject to the currently effective regulations.

5. Henglue Law Firm's Advice

There are two timelines to keep an eye on during the review stage of the death penalty: first, the procedural pace - there is no public time limit for the review from the submission of the review to the issuance of the ruling, and the family should maintain regular communication with the lawyer and submit major new evidence as soon as possible; second, the evidence time limit - the witness's memory and the conditions for forensic examination of physical evidence will deteriorate over time, and the review period is the last window for supplementing evidence. We should have reasonable expectations of lawyers: the review defense does not promise a result, but a well-reasoned opinion will truly increase the probability of non-approval, which is the value of professional input. Those involved in the review of the death penalty and criminal defense can contact us for assistance.Criminal defense and criminal case filingYou can refer to it if you need a comprehensive solution for services involving the representation of major personal injury and fatal accident casesPersonal injury and medical disputesFor columns involving the execution of compensation, relevant information can be combined together.Creditor's rights and debts, and enforcementFor cases involving cross-cutting commercial crimes, you can seek advice from usBusiness and contract disputes in enterprisesFor any questions or difficulties with the program, please contact the team.Special services.

VI. Frequently Asked Questions

Q1: Are the defense opinions in the review stage of the death penalty useful?

It's useful. According to the Criminal Procedure Law, the defense lawyer's request should be heard; if there are doubts about the evidence or sufficient disputes over the application of policies, it may lead to the refusal to approve the remand or change the verdict, which is the last substantive remedy before the judgment takes effect.

Q2: How long does the review stage typically last?

The law does not stipulate a time limit for public trials. In practice, the duration can be as short as a few months or as long as more than a year. During this period, lawyers should regularly follow up on the progress of the case, and family members should keep the channels for supplementing materials open and unblocked.

Q3: How much do lawyers typically charge for reviewing death penalty cases?

Due to the significant differences in the severity of the case and the workload, the fees are usually calculated separately at the review stage and implemented according to market-regulated prices. Before signing the contract, the service contents such as reviewing the case file, writing opinions, and giving oral presentations should be clearly stated, and the contract shall prevail in case of any disputes.

Q4: What happens to the case if it's not approved?

If the Supreme People's Court does not approve the request, it may rule to remand the case for retrial or to modify the judgment in accordance with the law. In the case of a case remanded for retrial, the defense space will be reopened, and the issues in the original second-instance procedure can be raised during the retrial.

Q5: What should the family do now?

Firstly, entrust a lawyer with experience in death penalty cases to conduct a comprehensive review of the case files; organize materials on the client's daily behavior, health, and family situation (which may still be valuable depending on the circumstances); and secure new evidence clues to avoid supplementing them after the review period ends, when there is no longer any procedural space for doing so.

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 situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as 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.