Supreme People's Court on the handling of death penalty review cases to hear the views of defense lawyers
Ma Qixun lawyers, death penalty review defense lawyers
Law [2014] No. 346
In order to effectively safeguard the defense lawyers of the defendants in death penalty review cases exercise their right to defense in accordance with law and to ensure the quality of the death penalty review cases, the present measures have been formulated based on the provisions of the People's Republic of China**** and State Criminal Procedure Law, the Law of the People's Republic of China*** and the Lawyers Law and relevant laws, the formulation of these measures.
Article 1 ? Defense lawyers in death penalty review cases may inquire with the Supreme People's Court filing division for information on the filing of the case. When inquiring, the defense counsel shall provide his or her name, the name of the law firm, the name of the defendant, the cause of the case, and the name and case number of the Higher People's Court in which the review is reported.
The division of the supreme people's court shall reply immediately if it is able to do so, and if it is not able to do so immediately, it shall reply within two working days, with a reply as to whether or not the case has been filed and the trial court that undertook the case.
Article 2 ? Lawyers who accept the entrustment of the defendant, the defendant's close relatives or the assignment of legal aid institutions to act as defense lawyers in death penalty review cases shall, within three working days from the date of acceptance of the entrustment or assignment, submit the relevant formalities to the relevant trial court of the supreme people's court.
Defense counsel shall submit a defense opinion within one and a half months from the date of acceptance of the entrustment or assignment.
Article 3 ? Where defense counsel submits written materials such as entrustment formalities, legal aid formalities and defense opinions and evidence, they may be received by the Higher People's Court in lieu of and transferred with the case, or sent to the trial court of the Supreme People's Court which undertakes the case or submitted when reflecting their opinions in person; in cases where a case has not yet been filed, the defense counsel may send it to the filing division of the Supreme People's Court, which will then transfer it with the case after the case has been filed.
Article 4 ? A defense counsel may visit the office of the Supreme People's Court to inspect, excerpt or copy the materials in the case file. However, materials that are not public by law may not be inspected, excerpted or copied.
Article 5 ? Where a defense lawyer requests to reflect his or her views in person, the judge undertaking the case shall make timely arrangements.
Generally, the case-undertaking judge and the clerk to hear the defense counsel in person, or by other members of the collegial court or all the members and the clerk to hear in person.
Article 6 ? The hearing of defense counsel in person shall take place at the offices of the Supreme People's Court or local people's courts. Defense lawyers may bring their paralegals to attend. The person hearing the opinions in person shall verify the identity of the defense counsel and paralegal.
Article 7 ? When hearing the defense counsel in person, shall make a transcript, signed by the defense counsel and attached to the file. If the defense counsel submits relevant materials, it shall receive and make a receipt list in duplicate, with one copy given to the defense counsel and the other attached to the file.
Article 8 ? When hearing the defense counsel in person, the people's court shall assign staff with the conditions of the whole audio and video recording. Other persons present shall not record, videotape or take photographs of their own.
Article 9 ? After the review is finalized, the people's court entrusted with the pronouncement of judgment shall, within five working days after the pronouncement of judgment, send the Supreme People's Court's decision to the defense counsel.
Article 10 ? These Measures shall come into force as of February 1, 2015 .
Attachments:
1. Contact numbers of the relevant trial divisions of the Supreme People's Court
Filing Division: 010-67555787 ?
Criminal Trial Division 1: 010-67555108
Criminal Trial Division 2: 010-67555209
Criminal Trial Division 3: 010-67107864
Criminal Trial Division 4: 010-67555409
Criminal Trial Division 5: 010- 67555509
Trial Supervision Division: 010-67555793
2. Correspondence address of the relevant trial division of the Supreme People's Court
No. 9, Beihuashidajie, Dongcheng District, Beijing, China. Postal code: 100062