Lawyers’ participation in the appeals procedures remains limited and poor defendants are discriminated against by the lack of comprehensive quality legal aid. Second Instance Court Defendants have ten days following the judgement to appeal the decision to the higher court (CPL.18 Art.230). The appeal may also be made by defence counsel or close relatives, with the consent of the defendant. The second instance court should review both the law and the facts of the case irrespective of the scope of the appeal. In death penalty cases the court will form a collegial panel and hold a court session (CPL.18 Art.234). The higher court normally has two months to reach a decision following appeal, although in death penalty cases this can be extended by a further two months. In special circumstances and with the approval of the SPC, the deadline can be further extended (CPL.18 Art.243). The second instance court may uphold the decision of the lower court or amend the judgement where the law was applied incorrectly. Where there are doubts about the facts of the case or the evidence is seen as insufficient, the court may either amend the judgement or revoke the earlier finding and remand the case to the original court for a new trial (CPL.18 Art.236). 2012 amendments to the Criminal Procedure Law limit the higher court to a single remand to the original court for a new trial. Prior to this revision a number of death penalty cases were repeatedly remanded for a retrial to the original court. If the decision is again appealed following a retrial, the higher court is now encouraged to reach a judgement. Article 42 of the SPC interpretation on the application of the PRC Criminal Procedure Law, 2013, specifies that the court should notify the legal aid centre to provide legal aid in those cases where the defendant has not appointed a lawyer when the SPC performs the final review of a death penalty case. All death sentences are reviewed by the higher court whether or not the defendant has appealed the decision of the first instance intermediate court. Death sentences with a two-year suspension are reviewed and approved (hezhun) by the higher court (CPL.18 Art.248). The review and approval procedures are similar to the SPC review with no requirement for a hearing, although the court is required to interrogate the defendant in cases of the death sentence and two-year suspended sentence (SPC interpretation on the application of the PRC Criminal Procedure Law, 2013. Articles 344 & 345). Supreme People’s Court Review Where the higher court upholds the death penalty with immediate execution, the case will be transferred to the Supreme People’s Court for review and approval. A death penalty with a two-year suspension is not referred to the SPC for review. Chapter IV of the 2018 Criminal Procedure Law describes the death penalty review procedures. A case should be reviewed by a collegial panel of three adjudicators (shenpanyuan) who may decide to either authorise or not the death penalty. Where the 46