SPC Measures on Hearing Defense Opinions in Final Review Of DP Cases

Title: Supreme People's Courts Measures for Hearing Defense Attorney Opinions in Final Review of Death Penalty Cases

Promulgating Entities: Supreme People's Court

Reference number:

Promulgation Date: 2015-1-29

Expiration date:

Source of text: http://www.legaldaily.com.cn/index_article/content/2015-01/29/content_5950322.htm?node=6148

Supreme People's Courts Measures for Hearing Defense Attorney Opinions in Final Review of Death Penalty Cases

These measures are formulated on the basis of the "Criminal Procedure Law of the People's Republic of China" and the "People's Republic of China Law on Lawyers" so as to ensure the lawful performance of defense powers by defense attorneys for defendants in final review of death penalty cases and to ensure the quality of final review in death penalty cases.

Article 1: Defense attorneys in final review of death penalty cases may review case filing information in the case filing chambers of the Supreme People's Court. When defense attorneys so review, they shall provide their names, the name of their law firm, the cause of action, and also the name and case number of the High People's Court reporting the case for final review.

Where the Supreme People's Court Case Filing Chamber can sufficiently give an immediate response, it shall immediately respond, and where it cannot immediately respond, it shall respond within two working days, and the response will be whether the case is filed and the trial division responsible for undertaking the case.

Article 2: Where lawyers are retained by defendants or their families, or are appointed by legal aid organizations, to serve as the defense attorney in a final review of death penalty case, they shall provide the written formalities to the relevant trial division of the Supreme People's Court within three days of accepting the retention or appointment.

Defense attorneys shall submit defense opinions within half a month of being retained or appointed.

Article 3: Where defense attorneys hand over written materials such as the retention paperwork, legal aid paper work, defense opinions or evidence, they may, with the consent of the Supreme People's Court, collect them and send them along with the case, and may also mail them to the Supreme People's Court Trial Division that is undertaking the case or hand them over when giving in-person comments; and in cases that have not yet been filed, defense attorneys may mail them to them to the Supreme People's Court Filing Chambers and the they will be transferred by the filing chambers will transfer them after filing the case.

Article 4: Defense attorneys may go to the Supreme People's Court work areas to read, copy or reproduce case file materials. However, materials that are not open to the public in accordance with law must not be read, copied or reproduced.

Article 5: Where defense attorneys request to reflect their opinions in person, the judge undertaking the case shall promptly make the arrangements.

Defense attorneys' opinions are generally heard in person by the judges and clerks undertaking the case, but other members of the collegial panel, or the entire panel, may also be present to hear.

Article 6: Defense attorneys' opinions shall be heard in the work areas of the Supreme People's Court or other local courts. Defense attorneys may bring lawyers' assistants to participate. The personnel hearing the opinions shall verify the identities of the lawyer and lawyers' assistants.

Article 7: When hearing the lawyers' opinions in person, a record shall be drafted and included in the case file after the defense attorney has signed it. Where the defense attorney provides relevant materials, they shall be accepted and a receipt list of them drawn up in duplicate, with one copy given to the defense attorney and the other placed in the file.

Article 8: When hearing defense attorneys' opinions in-person, people's courts with capacity shall appoint staff to make an audio or video recording of the entire process. Other persons present must not make audio or video recording on their own.

Article 9: After the review is concluded, people's courts entrusted with announcing the verdict shall send the Supreme People's Court's written judgment opinion to the defense attorney within 5 business days of announcing the verdict.

Article 10: These measures shall take effect on February 1, 2015.

Attachments:

1. Contact phone numbers for relevant Supreme People's Court trial divisions

Case Filing Chambers: 010-67555787

First criminal trial division: 010-67555108

Second criminal trial division: 010-67555209

Third criminal trial division: 010-67107864

Fourth criminal trial division：010-67555409

Fifth criminal trial division: 010-67555509

Trial supervision Division: 010-67555793

2. Mailing Addresses for Relevant Supreme People's Court Trial Divisions

No. 9 HuaShi Street, Dongcheng District, Beijing; Postal Code: 100062