Article 236 stipulates that if the defendant does not appeal in a case of first instance where the intermediate people's court sentenced him to death, it shall be reviewed by the higher people's court and submitted to the Supreme People's Court for approval. If the Higher People's Court has any objection to the death penalty, it may send it back for retrial.
In the case of first instance where the Higher People's Court sentenced the death penalty, the defendant did not appeal, and in the case of second instance where the death penalty was imposed, it should be reported to the Supreme People's Court for approval.
Article 237 stipulates that a case in which the intermediate people's court sentenced the death penalty with a two-year suspension of execution shall be approved by the higher people's court.
Article 238 stipulates that the Supreme People's Court shall review death penalty cases and the Higher People's Court shall review death penalty cases with suspension of execution by a collegiate panel 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.