The review of death penalty is a special trial procedure followed by the people's court in reviewing cases sentenced to death. Article 199-202 of the Criminal Procedure Law stipulates the procedure of death penalty review in principle, and the relevant judicial interpretation also concretizes these provisions, which provides a more thorough guide for the death penalty review.
According to the legal provisions and judicial practice experience, the task of the death penalty review procedure is to comprehensively examine whether the facts and applicable laws are correct and make a decision on whether to approve the death penalty according to law for the people's court that has the power to review the death penalty judgments and rulings submitted by the people's courts at lower levels. Therefore, when reviewing death penalty cases, two tasks must be completed:
First, find out whether the facts of the crime identified in the original judgment are clear, whether the evidence on which the conviction is based is true and sufficient, whether the charges are accurate, whether the sentencing (death penalty, suspension of death) is appropriate, and whether the procedures are legal;
The second is to make a decision on whether to approve the death penalty according to facts and laws, and make corresponding judicial documents to approve correct death penalty judgments and rulings and correct inappropriate or wrong death penalty judgments and rulings.