Ai, doctor of law, member and partner of the Criminal Professional Committee of Beijing Shi Jing Law Firm, told reporters that the ruling of Jiangxi High Court must be reported to the Supreme People's Court for review. If the Supreme Law approves the death penalty, it will generally be executed by the court of first instance within 7 days after receiving the order to execute the death penalty.
"The death penalty approval procedure is automatically initiated and does not need to be proposed by the defendant." Ai Li Xing said that after the Jiangxi Higher People's Court reported to the Supreme People's Court, a collegial panel of three judges will conduct a comprehensive review of the facts, laws and procedures of the case by means of marking papers and arraigning the defendant, and finally make a review result. During the review of the death penalty, if the defendant's defense lawyer requests to reflect his opinions in person, the collegial panel 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.
In addition, the People's Republic of China (PRC) Legal Aid Law, which came into effect on June 5438+ 10/this year, stipulates that if the defendant in the death penalty review case applying for legal aid fails to appoint a defender, the people's court shall notify the legal aid center to appoint a lawyer as a defender.
Ai Li Xing told reporters that the Ministry of Justice of the People's Court of Li Zhigao issued the Provisions on Providing Legal Aid to Defendants in Death Penalty Review Cases (Trial). It is clear that the Legal Aid Center of the Ministry of Justice shall, within three days after receiving the notice of legal aid from the Supreme People's Court, designate a lawyer with more than three years' practical experience in criminal defense as the defendant's defense lawyer and write to the Supreme People's Court.
When reviewing a death penalty case, the Supreme Law will rule for approval if it finds that the facts ascertained in the original judgment and the applicable law are correct, the sentence is appropriate and the procedure is legal. If it is found that the specific facts identified in the original judgment or the legal provisions cited are wrong, but there is nothing wrong with sentencing the defendant to death, the sentence may be revised.
However, the facts of the original judgment are unclear and the evidence is insufficient; The emergence of new facts and evidence that affect conviction and sentencing; The initial trial violated legal procedures,