[Direct answer]Yes. According to Article 250 of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018), when the Supreme People's Court reviews death penalty cases, it shall interrogate the defendant and, if the defense lawyer requests it, shall hear the defense lawyer's opinions. During the review stage of the death penalty, the defense lawyer may accept the entrustment or be appointed, meet with the defendant, review the case materials, and submit written defense opinions. In practice, according to the relevant provisions of the Supreme People's Court on hearing the defense lawyer's opinions in death penalty review cases, the court and the detention center shall provide necessary conveniences for the lawyer's meeting and case review. Therefore, the review stage is not the end of the defense, but a critical window to strive for the non-approval of the death penalty and the remand for retrial.

1. Problem background and typical scenarios

After being sentenced to death in both the first and second trials, the case enters the review stage by the Supreme People's Court. Families often think, "Since the verdict has been issued, hiring a lawyer won't help," thus missing the last chance for relief. In fact, the focus of defense in the review stage lies in factual evidence, procedural legality, and sentencing circumstances. Whether they can meet with the judge, review the case files, and effectively submit their opinions to the reviewing judge directly affects the outcome.

II. Key points of contention

First, the scope of rights and the exercise methods of defense lawyers in the review stage. Second, the procedural requirements for the court to question the defendant and hear the defense opinions. Third, the timing of presenting new evidence, procedural violations, and sentencing circumstances. Fourth, how family members can hire lawyers for the review stage.

III. Professional analysis by Henglue Lawyers

At the stage of death penalty review, Henglue Lawyers usually proceed in four directions. First, confirm the qualifications of the defense subject: the defendant may appoint a defense lawyer on his own, or his close relatives may appoint one on his behalf; the appointment procedures and the scope of authorization should be clear, so as to facilitate the lawyer's meeting and review of the case file. Second, strive for a meeting and review of the case file: during the review stage, defense lawyers may meet with the defendant in accordance with the law and review, excerpt, and copy the case file materials, focusing on verifying the voluntariness of the confession, the scientificity of the appraisal opinion, and the integrity of the evidence chain; during the meeting, they should also verify the defendant's true intention and whether he requests a lawyer to defend him. Third, put forward effective defense opinions: focusing on whether the facts are clear, whether the evidence is truly sufficient, whether the procedures are legal, whether there is a voluntary surrender and meritorious service, whether the victim's family members are willing to forgive, and whether the defendant plays a minor role in the joint crime, etc., form written opinions and submit them in time; when the court reviews the case, it shall interrogate the defendant, and the defense lawyer shall be heard if he requests it. Fourth, grasp the procedural nodes: the review period is short, so the family members should appoint a lawyer as soon as possible and complete the meeting and review of the case file as soon as possible to avoid the delay in submitting opinions, and confirm during the meeting whether the defendant insists on requesting a lawyer to defend him and whether he proposes new mitigating circumstances. It should be noted that the specific arrangements for the meeting are subject to the regulations of the detention center and the case-handling procedures. It is recommended that the lawyer take the initiative to coordinate and keep the application records.

IV. Practical suggestions and legal basis

The first step is to appoint a professional death penalty review defense lawyer for the defendant as soon as possible and clarify the scope of authorization. The second step is for the lawyer to apply for a meeting and review of the case file in a timely manner, checking the facts, evidence, and procedural issues. The third step is to organize mitigating circumstances such as voluntary surrender and meritorious service, compensation and reconciliation, and minimal role in the crime, and form a written opinion to submit to the court. The fourth step is for the family to cooperate in providing favorable clues and supporting materials, and maintain communication with the lawyer. Main legal basis: Article 250 of the Criminal Procedure Law of the People's Republic of China (amended in 2018 and implemented on October 26, 2018) regarding the provisions on review interrogation and hearing defense opinions, and the relevant provisions of the Supreme People's Court on hearing defense lawyers' opinions in death penalty review cases; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

The three key points of the death penalty review: 1. During the review stage, you can still meet with your lawyer and review the case file. Don’t give up on this last chance. 2. Your lawyer’s arguments should focus on the facts, legal procedures, and sentencing circumstances, and be submitted in a timely manner. 3. Family members should hire a lawyer as soon as possible and cooperate in providing relevant materials. It’s crucial to stay on top of key procedural deadlines. For cases involving death penalty reviews and major criminal defense matters, you can seek assistance throughCriminal defense and criminal case filingFor a comprehensive solution to the service, you can refer to the appeals and procedural remedies involvedSpecial servicesThe column involves measures that can be taken to safeguard the rights and interests of the victims.Personal injury and medical disputesFor matters related to the enforcement of compensation payments, please feel free to consult usCreditor's rights and debts, and enforcementTeam.

VI. Frequently Asked Questions

Q1: Is it useful to hire a lawyer during the review stage?

It's useful. Lawyers can meet with the defendant, review the case files, and submit written opinions, which helps the court comprehensively review the factual evidence and the legality of the proceedings. This is an important way to strive for the court not to approve the verdict or to remand the case for retrial.

Q2: What materials are required for the interview and the review of the papers?

The power of attorney, the lawyer's practice certificate, the letter from the law firm, the materials proving the relationship between relatives and the authorization, as well as the judgment documents served by the court, are used to handle the procedures of meeting with the client and reviewing the case files.

Q3: Are the fees for the review stage high?

The review of death penalty cases is highly professional and carries great responsibility, so the attorney's fees are usually higher than those for ordinary criminal cases. Those who are financially struggling but meet the eligibility requirements can attempt to apply for legal aid.

Q4: How long will the review take?

The law does not stipulate a uniform review period. In practice, the review is generally completed within a few months. However, if the case is complex or if additional materials or coordinated meetings are required, the review period will be extended accordingly.

Q5: What can family members do?

As soon as possible, entrust a lawyer to act on your behalf, provide clues such as surrendering to the police and offering compensation and reconciliation, assist in contacting the victim to seek their forgiveness, and maintain communication with the lawyer.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limits. →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.