court does not authorise the death penalty, the SPC has the power to remand the case for retrial or modify the judgement (CPL.18 Art.250). The SPC Interpretation of the CPL, 2013, however, indicates that the most likely outcome of an SPC decision to not approve the death penalty is for the case to be remanded to the higher court or intermediate court for a retrial. The SPC Interpretation outlines the decision making criteria for the death penalty review. Where the facts in the original judgement are “unclear”, the evidence is deemed “insufficient��� or new evidence has come to light, the decision should be revoked and the case remanded for retrial. This is also the case where there are found to be failures in the application of the law or a violation of litigation procedures might have influenced a fair trial (gongzheng shenpan) (SPC.I13. Art.350(6)). In 2016, the SPC issued a brief judicial interpretation limiting the number of remands to retrial to first instance courts. This may expedite the final decision in death penalty cases although it also limits the potential for political interference in cases at the local level.35 Under 2015 Supreme People’s Court regulations on legal representation in death penalty cases, Measures for Considering the Views of Defence Lawyers in Death Penalty Review Cases, defence lawyers are permitted to review the defendant’s file, provide additional evidence and have a hearing with the judges handling the case, although this is not a formal court hearing. Lawyers may contact the judge handling the case and the SPC office. They can consult the case files in the SPC office and they may interview the defendant at the detention centre. Based on their review of the case files and any interview with the defendant, lawyers may submit a written opinion to the SPC judge. Lawyers at the SPC stage need persistence and contacts to help set up interviews with the case-handling judge. The 2019 SPC Provisions on Safeguarding the Lawful Rights and Interests of the Parties in the Procedures of Death Sentence Review and Execution, effective from 1 September 2019, confirm that the defendant has the right to defence during the SPC review of a death penalty case. These guidelines also state that the lawyer must submit all relevant documents regarding their appointment to the SPC within ten days of accepting the case. They must submit the defence opinions within one and a half months from the date of accepting the appointment. Lawyers from outside Beijing are less well placed to be effective at the SPC review stage. While some will seek the help of Beijing-based colleagues, data suggests that in the majority of SPC reviews of death penalty cases there is no defence representation despite the regulations. In a survey of 255 death penalty review cases, between 2014 and 2016, only 9% of the cases had defence lawyers. The chance of the SPC review procedure overturning the death penalty is low. In the same sample, death sentences with immediate execution were approved in 250 of the 255 cases.36 There are no time limits for the SPC to complete their review. A review of cases suggests reviews may take from one month to two years. High profile cases that attract public attention are likely to take longer. While some legal scholars suggest that SPC judges are looking for ways to refuse approval of the death penalty with immediate execution, others have commented on the perfunctory nature of the review. Many of the judges in the SPC lack trial experience and have few skills to assess the 35 Finder, Susan. ‘Supreme People’s Court tweaks capital punishment review procedure.’ Supreme People’s Court Monitor. 27 June, 2016. https://supremepeoplescourtmonitor.com/2016/06/27/supreme-peoples-court-tweaks-capitalpunishment-review-procedure/ 36 Private communication with authors. 47