The death penalty review lawyer is a criminal professional lawyer who participated in the litigation activities of the defendant who was sentenced to death immediately during the death penalty review stage in the Supreme People's Court. Lawyers play an important role in safeguarding the defendant's litigation rights and ensuring a fair trial of death penalty cases.
Legal objectivity:
Criminal Procedure Law of the People's Republic of China
Article 246
The death penalty is approved by the Supreme People's Court.
Criminal Procedure Law of the People's Republic of China
Article 247
In a case of first instance in which the intermediate people's court sentenced the death penalty, if the defendant does not appeal, 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.
Criminal Procedure Law of the People's Republic of China
Article 248
Cases 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.