How does the interpretation of the Supreme Law of Criminal Procedure provide for the review of death penalty?

The Criminal Procedure Law is a very important law. However, due to some rough provisions, the Supreme People's Court has issued corresponding judicial interpretations on the Criminal Procedure Law, among which the provisions on death penalty review in the Interpretation of the Supreme Law on the Criminal Procedure Law are the closest to criminals and closely related to their lives. Let's give you a detailed introduction. Provisions of the Interpretation of the Criminal Procedure Law of the Supreme Law on the Review of Death Penalty Article 344 Death penalty cases submitted to the Supreme People's Court for approval shall be handled separately according to the following circumstances: (1) If the defendant does not appeal and the people's procuratorate does not protest, it shall report to the higher people's court for review within 10 days after the expiration of the appeal and protest. If the Higher People's Court agrees to impose the death penalty, it shall report to the Supreme People's Court for approval within ten days after making a ruling; If he refuses to accept it, he shall be arraigned or remanded for retrial in accordance with the procedure of second instance; (2) In a case of first instance in which the intermediate people's court sentenced the death penalty, if the defendant appealed or the people's procuratorate protested, and the higher people's court ruled to maintain it, it shall report to the Supreme People's Court for approval within ten days after the ruling was made; (3) In a case of first instance in which the higher people's court sentenced the death penalty, if the defendant does not appeal and the people's procuratorate does not protest, it shall report to the Supreme People's Court for approval within ten days after the expiration of the appeal and protest. When reviewing a death penalty case, the Higher People's Court shall interrogate the defendant. Article 345 In a case of first instance in which the intermediate people's court sentenced the death penalty to a suspended execution, if the defendant does not appeal and the people's procuratorate does not protest, it shall be reported to the higher people's court for approval. When reviewing a case of suspension of execution of death penalty, the Higher People's Court shall interrogate the defendant. Article 346 Cases of suspended execution of death penalty submitted for review shall be reported one case at a time. The materials submitted include the report submitted for trial, the judgment documents of the first and second instance, five comprehensive reports on death penalty cases, all files and evidence. The comprehensive report of death penalty cases, the judgment documents of the first and second instance and the court trial report shall be accompanied by electronic texts. A case tried in the same case shall submit the case files and evidence of the whole case. A case remanded for retrial shall be submitted together with the original files of the first and second trials. Article 347 The report on the arraignment shall specify the cause of action, a brief case, the trial process and the verdict. A comprehensive report on death penalty cases shall include the following contents: (1) Basic information of the defendant and the victim. If the defendant has a criminal record or has been subjected to administrative punishment, it shall be clearly stated; (2) The origin and trial process of the case. If the case has been sent back for retrial, the reason, time and case number, etc. The reasons for remanding for retrial shall be clearly stated; (3) the detection of the case. It shall specify the circumstances of the defendant's arrest and the detection of the case through technical investigation measures, as well as the circumstances related to surrender and meritorious service; (4) trial of first instance. Including the opinions of both the prosecution and the defense, the criminal facts identified in the first instance, and the opinions of the collegial panel and the judicial Committee; (five) the second instance or the higher people's court for review. Including the reasons for the appeal, the opinions of the procuratorial organs, the facts ascertained by the second instance or the higher people's court, the admissibility and reasons of the evidence, and the opinions and adoption of both the prosecution and the defense; (6) Problems to be explained. Including the conviction and sentencing of the accomplice in the same crime case, whether the case has a significant social impact, and the reaction of the parties; (7) handling opinions. Express the opinions of the collegial panel and the judicial Committee. Article 348 When reviewing a case of death penalty or suspension of execution of death penalty, the following contents shall be comprehensively examined: (1) The age of the defendant, whether the defendant bears criminal responsibility or not, and whether he is pregnant; (2) Whether the facts ascertained in the original judgment are clear and whether the evidence is true and sufficient; (3) the circumstances, consequences and degree of harm of the crime; (four) whether the original judgment is correct in applying the law, whether it must be sentenced to death, and whether it must be executed immediately; (five) there are circumstances that cannot be determined, and the punishment is heavier, lighter or mitigated; (six) whether the proceedings are legal; (seven) other circumstances that should be reviewed. Article 349 When reviewing cases of suspension of execution of death penalty, the Higher People's Court shall handle them separately according to the following circumstances: (1) If the original judgment finds that the facts and applicable laws are correct, the sentencing is appropriate and the procedure is legal, it shall make a ruling for approval; (2) If the specific facts identified in the original judgment or the legal provisions cited are indeed wrong, but it is not improper to sentence the defendant to death with a suspended execution, an approved judgment or ruling may be made after correction; (three) the original judgment found that the facts were correct, but the application of the law was wrong, or the sentence was too heavy, and the judgment should be revised; (4) If the facts of the original judgment are unclear and the evidence is insufficient, it may be ruled that it shall not be recognized, the original judgment shall be revoked, sent back for retrial, or the judgment shall be revised according to law; (5) If there are new facts and evidence that affect the conviction and sentencing during the review period, it may be ruled that it shall not be approved, the original judgment shall be revoked and sent back for retrial, or the judgment shall be changed according to law after trial in accordance with the provisions of Article 220 of this Interpretation; (6) If the original trial violated the legal proceedings, which may affect the fair trial, the ruling shall not be approved, and the original judgment shall be revoked and sent back for retrial. The Higher People's Court shall not aggravate the defendant's punishment when reviewing a case of suspension of execution of death penalty. Article 350 When reviewing a death penalty case in the Supreme People's Court, it shall be handled according to the following circumstances: (1) If the facts and applicable laws were found to be correct in the original judgment, the sentence was appropriate and the procedure was legal, it shall be approved by ruling; (2) If the specific facts identified in the original judgment or the legal provisions cited are indeed wrong, but there is nothing improper in sentencing the defendant to death, the sentence may be revised. (3) If the facts of the original judgment are unclear and the evidence is insufficient, the ruling shall not be recognized, the original judgment shall be revoked and sent back for retrial; (4) If there are new facts and evidence that affect conviction and sentencing during the review period, it shall be ruled that it shall not be recognized, the original judgment shall be revoked and sent back for retrial; (5) If the original judgment finds that the facts are correct, but the death penalty should not be imposed according to law, the original judgment shall be revoked and sent back for retrial; (6) If the original trial violated the legal proceedings, which may affect the fair trial, the ruling shall not be approved, and the original judgment shall be revoked and sent back for retrial. Article 351 In a case in which a person was sentenced to death for more than two crimes, the Supreme People's Court, after review, found that the facts of the death sentence and ruling for some crimes were unclear and the evidence was insufficient, it should disapprove the ruling of the whole case, revoke the original judgment and send it back for retrial; If it is considered that the death sentence or written order for some of these crimes is correct, but it should not be sentenced to death according to law, the sentence may be changed, and the death penalty shall be approved for other crimes that should be sentenced to death. Article 352 After reexamination, the Supreme People's Court finds that the facts of some defendants' death sentences and rulings are unclear and the evidence is insufficient, he shall not approve the ruling of the whole case, revoke the original judgment and send it back for retrial; If it is believed that some defendants' death sentences and rulings are correct, but they should not be sentenced to death according to law, other defendants who should be sentenced to death may be commuted to death. Article 353 If the Supreme People's Court decides not to approve the death penalty, it may send it back to the people's court of second instance or the people's court of first instance for retrial according to the circumstances of the case. If the people's court of first instance retries, it shall hold a hearing. If the people's court of second instance retries, it may directly revise the sentence; If it is necessary to hold a court session to ascertain the facts, verify the evidence or correct the violation of the original trial procedure, a court session shall be held. Article 354 After hearing a case in accordance with the review procedure, the Higher People's Court shall report to the Supreme People's Court for approval of the death penalty. If the Supreme People's Court decides not to approve the remand, the Higher People's Court may remand the case for retrial in accordance with the procedure of second instance. Article 355 If the Supreme People's Court decides not to approve the death penalty and remands it for retrial, the people's court that originally tried the case shall form a collegial panel for trial, except for the cases specified in Items 4 and 5 of Article 350 of this Interpretation. Article 356 During the review of the death penalty, if the defense lawyer requests to reflect his opinions in person, the relevant collegial panel in the Supreme People's Court shall listen to his opinions in the office and make a record; If a defense lawyer puts forward a written opinion, it shall attach a volume. Article 357 During the review of the death penalty, if the Supreme People's Procuratorate puts forward opinions, the Supreme People's Court shall conduct a review and feed back the adoption and reasons to the Supreme People's Procuratorate. Article 358 the Supreme People's Court shall inform the Supreme People's Procuratorate of the results of the death penalty review in accordance with regulations. As can be seen from the above, if a criminal wants to be sentenced to death, he must go through layers of examination. Of course, during the review of the death penalty, the criminal's defense lawyer can still put forward opinions, and the court must also listen to the lawyer's opinions, otherwise it will violate legal procedures.