Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 243rd the Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision if it finds that the legally effective judgment or ruling of the people's court at all levels is wrong, and the people's procuratorate at a higher level has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision. When a people's procuratorate protests a case, the people's court that accepts the protest shall form a collegiate bench for retrial. If the facts of the original judgment are unclear or the evidence is insufficient, the people's court at a lower level may be ordered to retry.
Article 239 When reviewing a death penalty case, the Supreme People's Court shall make a ruling to approve or disapprove the death penalty. If the death penalty is not approved, the Supreme People's Court can send it back for retrial or change the sentence.
Article 240th When reviewing a death penalty case, the Supreme People's Court shall interrogate the defendant, and the defense lawyer shall listen to his opinions according to his requirements. In the process of reviewing death penalty cases, the Supreme People's Procuratorate can put forward opinions to the Supreme People's Court. The Supreme People's Court should inform the Supreme People's Procuratorate of the results of the death penalty review.