Supreme People’s Court: new regulations on legal representation in death penalty review cases

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complex where death penalty review undertaken

On 29 January, the Supreme People’s Court issued regulations on legal representation in death penalty cases, Measures for Considering the Views of Defense Lawyers in Death Penalty Review Cases (最高人民法院关于办理死刑复核案件听取辩护律师意见的办法) (translation available here).  This blog previously flagged that the Court was drafting them and that they were meant to be issued by the end of the year.  They will become effective on February 1.  They  were accompanied by a brief question and answer session with a “responsible person” from the Court’s #1 Criminal Division. presumably the head or deputy head.  These brief regulations provide important protections to those sentenced to death, and are part of the Court’s efforts to minimize mistaken cases.

The regulations permit defense lawyers to review the defendant’s file, provide additional evidence and have a hearing with the judges handling the case, although not a formal court hearing. The Court has created a room for lawyers to use to review death penalty review materials. The transcript of the hearing (as signed off by the defense lawyer) is to be included in the case file.  However, defense counsel has only two weeks to submit its additional opinion in the case.  Presumably this deadline can be extended if counsel provides justification.

The regulations set out the telephone numbers of the Court’s criminal divisions, which review death penalty cases.  This blogpost translated a chart drafted by the Chinese magazine Southern Weekend setting out jurisdiction of the various divisions.

This is an important step forward in protecting the rights of criminal defendants and is the product of many years of law reform efforts.