1. What is the role of lawyer's defense in the review procedure of death penalty?
The role of lawyer's defense in the review procedure of death penalty is that lawyer's defense in death penalty cases is an important part of criminal defense system. The effective participation of defense lawyers in death penalty cases helps to ensure the fairness and reliability of death penalty sentences. Is the last chance to save the suspect. The death penalty review procedure is the last guarantee for criminals before being executed.
Second, related content expansion.
(1) A crime should be sentenced to death, but if the punishment is given a lighter or mitigated according to law, the death penalty should be suspended.
The legal circumstances of lighter or mitigated punishment refer to all kinds of factual circumstances that the general provisions and specific provisions of criminal law expressly stipulate that lighter or mitigated punishment must be considered when sentencing. But related to the application of the death penalty, there are mainly the following five kinds:
A, the crime is extremely serious, but it belongs to people with incomplete criminal responsibility. Paragraph 3 of Article 18 of the Criminal Law stipulates that a mental patient who cannot fully identify or control his behavior may commit a crime with a lighter or mitigated punishment, and generally should be sentenced to death with a suspended sentence.
B, the crime is extremely serious but it is an attempted crime. Article 23 of the Criminal Law stipulates that the attempted offender may be given a lighter or mitigated punishment.
C, the crime is extremely serious but the criminal surrendered. Article 67 of the Criminal Law stipulates that those who surrender themselves may be given a lighter or mitigated punishment.
(2) The crime should be sentenced to death, but the death penalty should be suspended for those with discretionary lenient punishment.
Discretionary circumstances of lenient punishment refer to the circumstances that are not expressly stipulated in the criminal law, but are summarized by the judicial organs according to the spirit of criminal legislation and relevant criminal policies, and should be considered when sentencing criminals with extremely serious crimes. The circumstances related to the application of the death penalty are:
First, the criminal motive is not despicable. For example, for people who kill because of indignation, loyalty to their families, unbearable abuse and resistance, the death penalty is generally not applicable. Such as conflicts between mountains, water conservancy, homestead, neighborhood and debts, which lead to fighting and death, the death penalty can generally be considered.
B. Always behave well before committing a crime, and sincerely repent after committing a crime. For criminals who have always performed well before committing a crime and occasionally slipped, if their subjective malignancy is weak, they should consider applying the death penalty with a suspended execution. Confess after committing a crime, actively take measures to rescue the victims, recover losses, and assist the judicial organs in detecting cases. It can not only objectively reduce the harmful consequences caused by crime, but also help the country to detect and deal with cases, and also reflect the reduction of criminals' subjective malignancy, and it is easy to accept reform and turn over a new leaf. Therefore, these should be the objects of considering the application of the death penalty.
C. Actively return stolen goods or actively compensate the victims for their economic losses. In property crime cases, if the defendant can actively return most of the stolen money to reduce the economic losses caused by his crime, or in injury crime cases, if the defendant can compensate the victim for certain economic losses, he can also consider applying the death penalty with a suspended execution.
If the suspect is sentenced to death by the court, the parties have the last chance to defend themselves. This move usually needs to be carried out by a professional lawyer, which can ensure the fairness and notarization of the trial results to the greatest extent and protect the personality and due rights of the parties. The court will actively listen to lawyers' defense opinions and take the trial results seriously.