Article 608 of the "Criminal Procedure Rules of the People's Procuratorate"
During the review of the death penalty by the Higher People's Court, the People's Procuratorate of the city divided into districts shall report major circumstances to the Provincial People's Procuratorate and file them, etc. Procedures shall be handled with reference to Articles 605 and 607 of these Rules
Article 609 of the "People's Procuratorate Criminal Procedure Rules"
Death penalty review The review of supervision cases can be carried out in the following ways:
(1) Review the materials transferred by the people's court, the relevant case file materials submitted by the lower people's procuratorate, and the documents submitted by the parties and their close relatives or their entrusted lawyers Materials;
(2) Obtain case review reports, public prosecution opinions, court appearance opinions, etc. from the People’s Procuratorate at lower levels. ,
(3) Obtaining and reviewing the case files of the People’s Court;
(4) Verifying or entrusting verification of the main evidence;
(5) Questioning the defendant and listen to the opinions of the entrusted lawyer;
(6) Consult specialized agencies or people with expertise on relevant technical issues, or entrust evidence review;
(7) As needed other ways to take.
Characteristics of the death penalty review procedure
1. Specific hearing objects
This procedure only applies to cases where the death penalty is imposed, including cases where the death penalty is imposed immediately and cases where the death penalty is suspended for two years. The death penalty review process is applicable only to death penalty cases. Cases without the death penalty do not need to go through this process. Due to the particularity of the applicable objects, the death penalty review procedure is different from ordinary trial procedures - the first and second instance procedures, and also different from another special trial procedure - the trial supervision procedure.
2. The death penalty review procedure is the final trial procedure for death penalty cases
Generally, after a criminal case goes through the first and second instance procedures, the judgment becomes legally effective. However, in addition to going through the first and second instance procedures, death penalty cases must also go through the death penalty review process. Only death sentences approved by review have legal effect. In this sense, the death penalty review process is an exception to the two-instance system.
3. Special stage of litigation procedures
The death penalty review process is generally conducted before the death penalty judgment is made, becomes legally effective, and is delivered for execution. In comparison, the first-instance procedure and the second-instance procedure are conducted before the prosecution and the second-instance judgment; the trial supervision procedure is conducted after the judgment and ruling become legally effective.
4. The right of approval is exclusive
According to the provisions of the Criminal Procedure Law, only the Supreme People's Court has the power to review death sentences. Other trial procedures are different: first-instance cases can be tried in any court of first instance; second-instance cases can be tried in intermediate-level or above courts; retrial cases can be tried in either the original court or above-the-original courts
5. The procedure is automatic
The first and second instance procedures follow the principle of no prosecution or no action: only when the procuratorial organ files a public prosecution or a private prosecution, the people's court can initiate the first instance procedure; only when the procuratorial organ files a protest or the defendant or private prosecutor appeals, Only the People's Court can initiate the second instance procedure. The death penalty review procedure does not require the procuratorate to file a public prosecution or protest, nor does it require the parties to file a private prosecution or appeal. As long as the second-instance court or the first-instance court has passed the statutory appeal period or protest period and the defendant does not appeal, and the procuratorate does not protest, the people's court should automatically Submit the case to the Higher People's Court or the Supreme People's Court for approval.
6. Application for review in a special way
According to the relevant provisions of the law, the application for review should comply with the application review organizational system of this court, and no application for review is required.