During the review stage of the death penalty, it is recommended that the defendant hire a lawyer. The review should include questioning the defendant and listening to the opinions of the defense lawyer who requests it. The lawyer can review the case file and submit opinions on mitigating circumstances and evidence.
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If the review of the death penalty is not approved, the Supreme People's Court may remand the case for retrial or retry and change the verdict; the case remanded for retrial shall be tried by a collegial panel of judges. The right to approve the death penalty belongs exclusively to the Supreme People's Court, and it is recommended to entrust a lawyer to submit opinions during the review stage.
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The bail bond for bail pending trial can be refunded: if the person has not violated the bail obligations, he/she can go to the bank to withdraw the refund with the notice of release; if the person violates the obligations, part or all of the bail may be confiscated, and the case will be handled in accordance with Articles 71 and 73 of the Criminal Procedure Law.
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To apply for a criminal retrial, it is necessary to submit a petition, proof of identity, the original judgment documents, and new evidence. According to Article 253 of the Criminal Procedure Law, the court shall retry the case under five statutory circumstances, and the appeal should be filed within two years after the execution of the sentence.
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Generally, criminal incidental civil actions do not support compensation for mental damage, and the scope of compensation is limited to material losses. According to Article 101 of the Criminal Procedure Law, death compensation, funeral expenses, etc. should be claimed in the criminal proceedings, and legal advice should be sought in a timely manner.
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Family members can entrust defense lawyers for their loved ones, learn about the suspected charges and detention facilities, apply for changes in coercive measures, file appeals and complaints, and initiate ancillary civil lawsuits; they can also entrust lawyers to meet with their loved ones during the investigation stage.
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To evaluate a criminal lawyer, consider their professional competence, verifiable qualifications, and approach to case handling. Legal firms should charge fees in accordance with standard rates and not make any guarantees about case outcomes. It is prohibited to offer contingency fee arrangements in criminal litigation, and it is recommended to verify their qualifications in person during a consul...
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In criminal cases, the first-instance trial is conducted in the following stages: court investigation, court debate, final statement, and deliberation and sentencing. In public prosecution cases, the verdict shall be pronounced within two months after the case is accepted, and at the latest within three months. Witnesses may be requested to appear in court.
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Housing reformed by the government can be inherited as an estate: the property rights registered under the name of the decedent belong to his/her legal personal property. According to Articles 1122 and 1153 of the Civil Code, the couple's joint property shall be divided before inheritance, and the statute of limitations is three years.
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When there is no executor of the will, the heirs shall elect or jointly serve as the estate administrators in accordance with Article 1145 of the Civil Code; the statute of limitations for inheritance disputes is 3 years, and the heirs should inventory the estate and negotiate the right to ownership in a timely manner.
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The estate administrator may dispose of the estate to pay off debts or divide and sell it, but he/she must notify the heirs and set a reasonable price. Anyone who disposes of the estate at a low price without authorization shall be liable for compensation in accordance with Article 1148 of the Civil Code.
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Disagree with the estate administrator: You can apply to the court for appointment or sue for compensation in accordance with Article 1146 of the Civil Code; if you disagree with the judgment, you must appeal within 15 days after it is served.
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The estate administrator may receive remuneration in accordance with Article 1149 of the Civil Code: it shall be obtained in accordance with the law or an agreement, and shall generally be paid from the estate, with the standard being reasonable.
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The estate administrator has six statutory duties: clearing up the estate and making an inventory, reporting on the estate's situation, preventing damage, handling creditor's rights and debts, dividing the estate, and being liable for damages in case of dereliction of duty.
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The estate administrator determines according to Article 1145 of the Civil Code that the executor of the will takes priority, the heirs elect or jointly serve as the executor, and if there are no heirs, the civil affairs department or the village committee will serve as the executor.
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