On December 17, 2022, Mr. Tang Jianbin, a senior partner of King&Capital Law Firm, was invited to speak on the topic of "Basic Procedures and Effective Paths for Defense of Death Penalty Review" at the "How to Handle Death Penalty Review Cases" - a series of trainings for legal aid lawyers, which was co-organized by the Legal Aid Center of the Ministry of Justice and the Beijing Municipal Lawyers' Association, and hosted by the Criminal Prosecution Law Committee of the Beijing Lawyers' Association. Legal Aid Lawyer Training Series.

The training will be held from December 3, 2022 to March 2, 2023. The training is in online format and is required for criminal defense lawyers nationwide who have been selected for the legal aid lawyers' pool and who are involved in legal aid cases at the death penalty review stage.

In this training, Mr. Tang Jianbin mainly focuses on the following four aspects and combines them with relevant cases to teach lawyers the defense skills of handling death penalty review cases:

First, the concept and purpose of death penalty review

From China's current criminal law may be sentenced to death, the three most common crimes in death penalty review cases: intentional homicide; smuggling, trafficking, transportation, manufacturing drugs; robbery. Analysis of China's current "retention of the death penalty, strict control and prudent application of the death penalty" of the death penalty policy and the purpose of the death penalty review process, and then explain the concept and purpose of the death penalty review defense.

Relevant laws and regulations for the defense of death penalty review

Understanding and accurately applying the law is a prerequisite for a good death penalty review case. The relevant provisions of the Criminal Procedure Law and its interpretation, the important documents guaranteeing the right to defense of lawyers at the stage of death penalty review, as well as the main laws and regulations controlling the application of the death penalty are the legal framework for the defense of death penalty review cases.

Third, the basic procedures for the defense of death penalty review

The process of death penalty review case is roughly divided into accepting the case, inquiring about the case and submitting the formalities, reading the file, meeting with, submitting defense opinions, meeting with the judge, applying for supervision by the supreme prosecutor, and counseling the family to deal with the results of the review. Each link is broken down and explained, and the provisions and priorities of each part are exhaustively analyzed, presenting a case handling process with both depth and fluency.

Effective Arguments in Death Penalty Review Cases

Effective defense in death penalty review cases is the core content of this lecture, this section focuses on analyzing how to find the entry point from the perspective of the lawyer's defense, which is distilled into five perspectives: not belonging to the main body sentenced to death; failing to meet the evidentiary standards of death penalty cases; the emergence of new facts and evidence; mitigating circumstances; procedural violations affecting the fairness of the trial, and the emergence of the above circumstances may change the results of the death penalty review.