[Direct answer]In the Beijing area, the fees are generally higher than those at the ordinary criminal stage, but they are not exorbitantly high. The review of the death penalty is priced according to market conditions, with fees negotiated based on the complexity of the case, the lawyer's qualifications, and the workload. Commonly, fees are charged either on a fixed basis per stage or on an hourly basis, with fees for major and difficult cases rising significantly. Qualified defendants who are financially disadvantaged may apply for legal aid under the Legal Aid Law. If the defendant does not appoint a defense attorney during the review of the death penalty, the Supreme People's Court shall notify the legal aid agencies to assign lawyers to defend them. Beyond the fees, more attention should be paid to the actual actions and value of the defense.

I. Problem background and typical scenarios

The first-instance court sentenced him to death, and the second-instance court upheld the verdict. The family thought the case was over, but they heard that the Supreme People's Court still had a review procedure. The first thing they asked their lawyer was how much the legal fees would be. The review of the death penalty is the last line of defense for life. The real issue behind the cost issue is: what exactly is the defense doing at this stage, and is it worth it?

II. Key points of contention

First, the work content and fee structure of death penalty review defense. Second, the protection provided by legal aid during the death penalty review stage. Third, the mechanism for presenting and hearing lawyers' opinions during the review process. Fourth, a rational evaluation of costs and outcomes.

III. Professional analysis by Henglue Lawyers

The first layer concerns the charging logic based on workload: The core tasks of death penalty review defense include – comprehensively reviewing qualitative and sentencing evidence, investigating circumstances such as voluntary surrender, meritorious service, and frank confession, evaluating the victim's fault and civil compensation and settlement agreements, drafting and submitting defense opinions, communicating with the presiding judge and striving to present oral arguments; tasks involving obtaining new evidence and applying for mental state evaluations are more labor-intensive. Under the market-regulated pricing model, fixed-stage and hourly fees coexist. Before signing the contract, the service content and milestones must be clearly listed in writing, which is the foundation of fee transparency. The second layer involves legal aid as a safety net: According to the Legal Aid Law (effective January 1, 2022) and relevant provisions of the Criminal Procedure Law, if the defendant in the death penalty review stage does not appoint a defense attorney, the Supreme People's Court shall notify the legal aid agency to assign a lawyer to defend them – economically disadvantaged defendants should not waive their right to defense due to cost concerns; those who have already appointed a defense attorney should prioritize their appointed attorney, with the aid lawyer serving as a backup guarantee. The third layer focuses on the practical value of defense: Review stages no longer involve court hearings, with opinions delivered via written submissions and communication – identifying evidence flaws (especially the legality of appraisal opinions and testimonial evidence), new evidence on sentencing circumstances (compensation and settlement agreements, meritorious service materials), and comprehensive arguments on social harm and personal danger are all substantive factors that may influence the decision to disapprove the review. With disapproval being one of the objectives of the review stage, the rejection rate and conviction rate data demonstrate that there is indeed room for substantive action in this phase. The fourth layer emphasizes three rational evaluation principles: First, assess whether the lawyer has practical experience in death penalty review cases and case study capabilities; second, verify whether the service content is implemented at the evidence and circumstance level – vague promises or commitments should be immediately disqualified; third, ensure procedural rights protection – if the defense lawyer raises requests, the Supreme People's Court shall listen to their opinions, as this is a statutory right that should be explicitly stated in the contract. The determination of fee levels ultimately depends on the intensity of these substantive tasks. Additionally, attention should be paid to the large-scale fund settlement and agreement signing involved in compensation and settlements, which can be referenced for guidance.Creditor's rights and debts, and enforcementThe team's risk control experience in ensuring the safe delivery of funds helps avoid the situation where verbal promises fail to materialize, which could adversely affect the determination of sentencing circumstances.

IV. Practical suggestions and legal basis

The first step is to entrust or apply for legal aid as soon as possible after the review decision is served. The second step is to list the service content and fees for the review stage in the entrustment contract. The third step is for the lawyer to organize materials around the flaws in the evidence, the sentencing circumstances, and the compensation and understanding. The fourth step is to submit the defense opinion in writing and actively request to present it in person. Main legal basis: Articles 251 and 252 of the Criminal Procedure Law of the People's Republic of China (amended in 2018), Article 25 of the Law on Legal Aid of the People's Republic of China (effective since January 1, 2022), and the relevant provisions on the death penalty review procedure in the Interpretation of the Criminal Procedure Law by the Supreme People's Court; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Reminder

The three principles of death penalty review are: the fees should be market-oriented but with assistance as a backstop; economic difficulties do not constitute a right to abstain from defense; the value of defense lies in the flaws of evidence and sentencing circumstances, not in personal relationships; and lawyers' opinions are a statutory right, which should be actively sought through face-to-face presentations. Those involved in death penalty review and major criminal defense cases can contact us for assistance.Criminal defense and criminal case filingThe service receives professional support, and the civil compensation settlement arrangements can be integratedPersonal injury and medical disputesCases involving difficult legal issues, and consultation on such casesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: How long does the review of a death sentence typically take?

The law does not stipulate the time limit for review. In practice, due to the complexity of the case and differences in work arrangements, the review process may take anywhere from a few months to several years. Lawyers can regularly inquire about the progress with the Supreme Court.

Q2: Is it convenient to meet the defendant during the review stage?

Defence lawyers can legally meet with the defendants during the review of the death penalty, and handle the meeting procedures with three certificates. The meeting during the review stage is a routine part of the defence work.

Q3: Is the level of legal aid lawyers guaranteed?

The Legal Aid Law has special requirements for the qualifications of attorneys providing assistance in major cases such as the death penalty. Attorneys providing assistance can also submit opinions and request to be heard, ensuring that the overall level of protection is reliable.

Q4: Does the compensation agreement have a significant impact on the review process?

The impact is significant. Active compensation and reaching an understanding are important evaluation factors for personal danger and social rehabilitation. It's not too late to conduct compensation and understanding work during the review stage.

Q5: How will the case be handled if it is not approved?

If the Supreme Court does not approve the request, the case may be sent back for retrial or a new sentence may be imposed in accordance with the law. The case will then return to the trial process, and the defense work will continue accordingly.

The above content is based on the judicial practice 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 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 Henglue 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.