[Direct answer]In the Beijing area, there is no "special license"; the threshold lies in competence rather than certificates. Defense lawyers in the death penalty review stage must first be lawyers practicing in accordance with the law (with a verifiable practicing certificate), which is the sole qualification requirement. If the defendant hires a lawyer on their own, any lawyer with criminal defense experience can serve. If the defendant does not hire a defense lawyer, the Supreme People's Court will notify the legal aid agencies to assign lawyers to defend them. What truly distinguishes the level of competence is experience: whether they have handled death penalty review cases, whether they are familiar with the Supreme Court's review standards (evidence adjudication, death penalty policies, and sentencing balance), and whether they can provide effective defense in a procedure dominated by written review.

I. Problem Background and Typical Scenarios

The first-instance court sentenced the defendant to death, and the second-instance court upheld the sentence. The case then entered the stage of death penalty review by the Supreme People's Court — at which point, the defendant and his family first learned about this process. There were no court hearings; the review was mainly based on reviewing the case files and written opinions. It was unclear what lawyers could do, who could handle the case, and how to choose a lawyer. Many family members, in their desperation, sought help from anyone they could, regarding "having special connections" as a criterion, which ultimately led to more problems.

II. Key points of contention

First, the admission requirements for defense lawyers in the review stage of the death penalty. Second, the mechanism and quality of lawyers appointed by legal aid. Third, where is the space for defense in the written review process. Fourth, the timing of entrustment - should lawyers get involved in the review stage or in the second-instance stage.

III. Professional analysis by Henglue Lawyers

The first layer is the legal boundaries of qualifications: The Lawyers Law and the Criminal Procedure Law do not set special thresholds such as exams or certifications for defense lawyers in death penalty review cases. As long as they hold a valid practice certificate and accept a client's entrustment or legal aid assignment, they can serve as defense attorneys. In practice, the court's verification of defense attorneys' identities is consistent with that for general criminal defense cases. The second layer is legal aid as a safety net: According to the Legal Aid Law, if the defendant in a death penalty review case does not appoint a defense attorney, the Supreme People's Court will notify legal aid agencies to assign lawyers as defenders. The assignment mechanism ensures that "there is a lawyer," but if the family seeks a more comprehensive defense, they should still appoint lawyers with similar experience before the review. The third layer is the actual defense strategy in the review: Since death penalty reviews do not involve court hearings, the main battlefield for defense lies in reviewing case evidence, conducting meetings, and submitting written opinions. Lawyers need to systematically sort out all the evidence, analyzing whether the evidence chain is complete, whether sentencing factors (such as voluntary surrender, confession, compensation and apology, and the victim's fault) have been omitted, and whether the death penalty policy (whether to impose the death penalty or not) applies. Communicating face-to-face with the presiding judge and submitting supplementary evidence and sentencing materials are all acceptable methods within the legal process. The fourth layer is the strategic significance of timing: Many defense points in death penalty reviews are already fixed in the second instance or even the first instance. Evidence reinforcement, compensation and apology, and expressions of guilt and remorse all rely on daily accumulation. If lawyers are only appointed at the review stage, their room for maneuver will be greatly limited by the previous two stages. Therefore, it is better to appoint lawyers as early as possible for death penalty cases to ensure that the same defense strategy can be consistently implemented throughout the entire process. For clients in death penalty review cases in Beijing, verifying the lawyer's practice qualifications, assessing their experience in similar cases, and being vigilant against promises of guaranteed results are three unchanging bottom lines when selecting a lawyer.

IV. Practical suggestions and legal basis

The first step is to verify the lawyer's practicing license number and criminal defense experience, with a focus on understanding the handling records of death penalty cases. The second step is to appoint and arrange a meeting with the lawyer as soon as possible to grasp the defendant's physical and mental state during the review stage. The third step is to cooperate with the lawyer in collecting sentencing materials such as compensation and understanding, and family circumstances. The fourth step is to rationally deal with the procedural cycle and not believe in the rhetoric of "guaranteed success" or "connections". Main legal basis: - The Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) regarding the provisions on the death penalty review procedure; - The Legal Aid Law of the People's Republic of China (effective since January 1, 2022) regarding the provisions on notifying legal aid attorneys to defend in death penalty review cases; - The Lawyers Law of the People's Republic of China (amended on September 1, 2017) regarding the provisions on lawyers' practice and defense duties; - Specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

The three key points of death penalty review are: without special licenses, only the quality of experience matters; the practice certificate and records of similar cases are the screening criteria; the review is conducted in writing, with three key steps including reviewing the case file, holding a meeting, and providing written opinions to determine the quality of the defense; and the defense arguments should be prepared before the second-instance trial, as the room for maneuver becomes increasingly limited the later the defense is entrusted. Those interested in death penalty review and major criminal defense cases can contact us for further assistance.Criminal defense and criminal case filingWe can provide a comprehensive solution for the service, which includes strategies for appealing the second-instance judgment and obtaining a retrial.Special servicesFor the negotiations involving civil compensation, you can refer to the relevant provisions in the Plate Tectonics chapter of the book "Earth Science" by Zhang Guangyu.Personal injury and medical disputesFor any questions regarding legal aid applications, please feel free to consult us.Land expropriation and demolition, and administrative litigationTeam.

VI. Frequently Asked Questions

Q1: Are there any standards for lawyers' fees during the review stage of the death penalty?

Lawyer services are priced based on market conditions. In death penalty cases, due to the high workload and risks involved, the fees are usually significantly higher than those for ordinary criminal defense. Before signing a contract, clients should require the lawyer to specify the service stages (whether they include the second instance and review), the frequency of meetings, and the payment deadlines in writing. They should also be wary of high-priced promises that tout "special channels" as a selling point.

Q2: Can we rely on the lawyers assigned by legal aid?

All assigned lawyers are qualified to practice and perform their duties in accordance with the law, with a clear safety net function. However, the assignment is a random arrangement. If the family wishes to select a lawyer with experience in similar cases, they can hire one on their own before the review, and the hired lawyer takes precedence over the assigned lawyer.

Q3: Can lawyers meet with their clients during the review stage of the death penalty case?

Yes. Defense lawyers can meet with clients in accordance with the law by presenting their practice certificates, firm certificates, and power of attorney documents. They can directly understand the clients' opinions, inform them of the progress of the proceedings, and verify evidence clues. During the review stage, when clients are detained in the detention center, meeting with them is a fundamental part of the defense work.

Q4: Is it useful to submit new evidence during the review stage?

It's useful. New evidence affecting the conviction and sentencing (compensation and apology, evidence of the victim's fault, newly discovered sentencing circumstances) should be organized and submitted as soon as possible. The presiding judge will review it and may either order a retrial or disapprove the death penalty based on it; a written trial does not mean only reviewing the old case files. Supplementary materials are a routine procedure.

Q5: What else can family members do during the review stage?

Co-operate with the lawyer to collect sentencing materials (compensation ability, family support situation), maintain stable communication with the lawyer, and pay attention to the client's emotions and health condition; at the same time, manage expectations - the review results may either be approved or disapproved, and any statements about the promised results are not credible.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limits. →Criminal defense legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available 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.