Review is a specific judicial procedure in cases where the court sentenced the death penalty, and it is a legal remedy for criminals sentenced to death and their close relatives to apply to the Supreme People's Court for review of the judgment. In judicial practice, the Supreme Court's review of major sensitive cases is very short, and some cases are less than one month. Under normal circumstances, the death penalty review procedure generally takes more than two months, and the approval of individual cases even takes several years.
The application for death penalty review needs to meet the following conditions: it must be submitted by the defendant of death penalty or his close relatives; The time for filing an application must be within 10 days after the judgment takes effect; Must submit a written application, and attach the reasons for applying for review; The prescribed application fee must be paid.
Relevant legal provisions of death penalty review
Article 238 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the review of death penalty cases in the Supreme People's Court and the review of death penalty suspended cases by the Higher People's Court shall be conducted by a collegiate bench composed of three judges.
Article 239 stipulates that 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 stipulates that 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.
Baidu Encyclopedia-People's Republic of China (PRC) Criminal Procedure Law