[Direct answer]In the Beijing area, there are three standard criteria for screening applicants: 1. **Assess their actual experience in the review stage**: Directly inquire about the number of death penalty review cases they have handled and the outcomes (denied review, sent back for retrial, or modified verdicts). Those with similar backgrounds are rare, and detailed questioning can easily distinguish them. 2. **Evaluate their written review skills**: Since review hearings are not held, defense strategies rely on in-depth review of case files, the quality of written opinions, and communication with the presiding judge. Require applicants to provide sample defense opinions that have been anonymized. 3. **Assess their overall case planning ability**: Lawyers who participate in the review process from the second-instance stage and maintain a consistent defense strategy throughout have a greater chance of success than those who only take over at the review stage. Legal aid assignments serve as a safety net, but when families prefer to make their own choices, it’s advisable to engage lawyers early and conduct interviews based on the above-mentioned criteria.

I. Problem Background and Typical Scenarios

The first-instance court sentenced him to death, and the second-instance court upheld the original verdict. The case was submitted to the Supreme People's Court for review. It was only then that the family began to look for a "lawyer who could handle the review of the death penalty": the search results were hard to distinguish between true and false, some people claimed to have connections with the Supreme Court, and some quoted prices that were ridiculously high. The review of the death penalty is the last procedural checkpoint for the defendant, and the tolerance rate for mistakes in the lawyer's choice is close to zero.

II. Key points of contention

First, where is the real space for defense in the review stage? Second, the relationship between the lawyer assigned by legal aid and the lawyer appointed by oneself. Third, the role of new evidence and new materials in the review stage. Fourth, the reasonable range of commission fees and risk prevention.

III. Professional analysis by Henglue Lawyers

The first level is the true skill of reviewing the defense in writing: In the review of the death penalty case, the presiding judge reviews the entire case by reading the case file and listening to opinions; the core actions of lawyers are to establish an evidence review list (whether the evidence chain is closed, whether the appraisal opinions are reliable), to further explore the sentencing circumstances (such as voluntary surrender and confession, compensation and understanding, the victim's fault, and civil disputes, etc. - these are all elements of the death penalty policy) and to provide high-quality written defense opinions, supplemented by face-to-face communication with the presiding judge. When evaluating lawyers, ask them to describe the process of handling a review case - those who can explain the evidence list and policy arguments have actually done the work. The second level is the relationship between legal aid and self-appointment: For defendants in the review of the death penalty case who have not appointed defense lawyers, the Supreme People's Court will notify legal aid agencies to appoint lawyers to defend them, which is the bottom line of rights; for those appointed by their families, the appointed lawyers should perform their duties according to law, and the appointment mechanism will no longer be initiated. The third level is the value of new materials: Compensation and understanding agreements, materials on the victim's family situation, proof of the defendant's family support status, and newly discovered sentencing circumstances during the review stage may all affect the judge's decision; the earlier lawyers get involved, the more time they have to systematically organize materials. If they are appointed too late in the review period, many remedial actions will be too late. The fourth level is fees and risk prevention: The fees for defense in the review of the death penalty case are significantly higher than those for ordinary cases. Before signing the contract, the service content (reading the case file, number of meetings, written opinions, and arrangements for communication with the judge) should be listed in writing; for those who claim "guaranteed success" or "connections", they should be directly excluded - the review results are only approved or disapproved, and any promises are unreliable; at the same time, verify the lawyer's practice identity and law firm information to prevent fraud in the name of criminal law practice.

IV. Practical suggestions and legal basis

The first step is to immediately initiate lawyer screening after the second-instance court upholds the original verdict, verifying the lawyer's practice status and reviewing the case history; the second step is to require the lawyer to describe the case-handling process and provide written opinion samples during the interview, comparing two to three lawyers; the third step is to sign a contract to clarify the service phase and fee structure, and assist the lawyer in collecting compensation agreements and family materials; the fourth step is to maintain stable communication with the lawyer and wait rationally for the review result. Main legal basis: - The Criminal Procedure Law of the People's Republic of China (amended on October 26, 2018) regarding the death penalty review procedure; - The Legal Aid Law of the People's Republic of China (effective since January 1, 2022) regarding the notification of legal aid attorneys for death penalty review cases; - The Lawyers Law of the People's Republic of China (amended on September 1, 2017) regarding practice norms; - Specific applications shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

Three tips for finding a review lawyer: inquire about their resume in detail to understand the case specifics; a sample of their written opinions is a litmus test; the earlier you entrust them with the case, the more comprehensive the materials will be; negotiate compensation and settlement as soon as possible; maintain zero tolerance for promised results, and review the service list rather than just the slogan when signing the contract. During the review stage, the stability and cooperation of family members are themselves part of the defense resources. For death penalty review defense cases, you can contact us for assistance.Criminal defense and criminal case filingWe can provide a comprehensive solution for the service, which includes the layout of the second-instance trial.Special servicesFor reference, the case involving civil compensation and negotiation for a settlement can be referred to as a "plateau" in legal jargon.Personal injury and medical disputesFor those who need legal aid, you can consult the column about legal aid applicationsLand expropriation and demolition, and administrative litigationTeam.

VI. Frequently Asked Questions

Q1: How long does the review of the death penalty usually take?

The law does not stipulate the review period. In practice, it ranges from several months to one or two years, and it may be even longer for major and complex cases. During this period, the presiding judge will question the defendant and listen to the defense attorney's opinions. Families should be prepared for long-term communication, confirm the progress with the lawyer at each stage, and not easily believe internal information.

Q2: Can I submit new evidence during the review stage?

Yes. New evidence that may affect the sentencing (such as compensation agreements, victim's fault, and the defendant's family situation) should be submitted through a lawyer as soon as possible, with a written explanation of the purpose of the evidence. The presiding judge will review the new evidence and, if necessary, may decide not to approve it or to send the case back for further review.

Q3: Will the lawyer assigned by legal aid do their best?

The lawyer appointed by the court is legally obligated to provide defense, and the legal aid system sets quality requirements for death penalty cases. If the family has a lawyer they trust, they can hire him or her instead of the appointed lawyer, which is an active choice allowed by law, not a sign of disrespect towards the appointed lawyer.

Q4: What are the key arguments of the defense in the review process?

It focuses on four categories: evidentiary issues (doubtful key evidence, gaps in the chain of evidence), sentencing circumstances (surrendering and confessing, compensation and apology, omission of the victim's fault), death penalty policy (triggered by intensified civil conflicts, and the possibility of not imposing the death penalty on the victim if he/she bears major fault), and procedural and appraisal issues (mental illness appraisal, the legality of interrogation). The organization of the defense arguments should be based on the evidence in the case file, and vague pleas will carry no weight.

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

Three things: cooperate with the lawyer to complete the negotiation of the compensation agreement (this is one of the most important discretionary circumstances in the review stage); sort out the materials about the defendant's family support and daily behavior; maintain a regular communication with the lawyer, manage their own expectations, and be vigilant against "intermediaries" who take advantage of the situation to commit fraud.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

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