The death penalty shall be approved by the Supreme People's Court, and the suspended execution of the death penalty shall be approved by the higher people's courts; during the review, the defendant shall be interrogated and the defense lawyer's opinions shall be heard. The review may result in the approval, disapproval, or remand for retrial of the case.
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The "37-day golden period" refers to the 30-day period from the date of detention to the date of applying for approval of arrest, and the 7-day period from the date of approval of arrest to the date of review of the necessity of detention. After the approval of arrest, the suspect can still apply for a review of the necessity of detention, apply for bail pending trial, and strive for non-prosecuti...
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The first-instance criminal defense revolves around fact determination, evidence cross-examination, charge qualification, and sentencing circumstances; public prosecution cases are generally sentenced within two months after acceptance, and at the latest within three months.
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Executives may be taken away for questioning, summons, detention, or even arrest; units committing crimes are subject to a dual-punishment system, and the directly responsible supervisors may be held accountable. It is advisable to hire a defense lawyer as soon as possible in such situations.
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The death penalty shall be executed immediately after being approved by the Supreme Court; for those sentenced to death with a reprieve, the reprieve period shall be two years. If they do not commit any intentional crimes during the reprieve period, their sentence shall be reduced to life imprisonment; if they commit major meritorious deeds, their sentence shall be reduced to 25 years in prison.
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To identify fake lawyers, check their practicing certificates and the institutions they work for. Legitimate lawyers handle cases and collect fees through law firms; those who have not obtained practicing certificates are not allowed to provide legal services under the guise of being lawyers.
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Inheritance disputes can be resolved through negotiation, people's mediation, or litigation. The mediation agreement becomes enforceable after being confirmed by the judicial authority or issued as a court mediation order. For disputes involving the authenticity of wills, it is advisable to seek litigation appraisal.
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To determine whether an inheritance lawyer is reliable, one should verify their professional qualifications and experience in similar cases. Inheritance disputes are decided based on evidence, the formal requirements of wills, and the application of the law. The lawyer does not guarantee the outcome of the case.
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China has not yet introduced an inheritance tax; legal heirs are exempt from paying deed tax when inheriting property rights, and there is no personal income tax imposed on legal heirs when they acquire real estate. The focus of inheritance planning is on property rights confirmation, the form of wills, and the arrangement of trust structures.
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If there are disputes over the authenticity of a will, a judicial appraisal can be applied for, which must be submitted within a specified time limit and the fees must be paid in advance. The qualifications and scope of the appraisal institutions shall be reviewed, and a re-appraisal shall be applied for if there are procedural defects. A forged will shall be deemed invalid.
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Property inheritance should first involve the division of assets and then the partition: According to Article 1153 of the Civil Code, the couple's joint property shall first be divided, with one-half allocated to the spouse; for buying a house under someone else's name, it is necessary to prove the consent to do so, and merely providing funds does not equate to obtaining ownership.
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Notarized wills are no longer automatically given priority: after the implementation of the Civil Code, if several wills conflict with each other, the latest one shall prevail; for inheritance facts before January 1, 2021, the original inheritance law shall apply, and notarized wills shall still take precedence over other forms.
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For families with multiple children, the making of a will must comply with legal formalities and have clear content. A handwritten will must be written and signed by the testator himself/herself and dated. A will written by a proxy, printed, or recorded on video or audio requires at least two witnesses. If several wills conflict with each other, the latest one shall prevail.
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The heir shall pay off the decedent's debts within the actual value of the inherited estate and shall not bear the responsibility for repayment if he/she waives the inheritance; when dividing the estate, the taxes and debts shall be paid off first.
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Not fulfilling one's duty of support does not necessarily result in the loss of the right of inheritance. Only in cases of severe abandonment or abuse will the right of inheritance be lost. In general, when distributing the inheritance, the share should not be divided or should be divided in a smaller amount. The party claiming the inheritance must provide evidence to support their claim.
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