Can I appeal again if I am sentenced to death and approved by the Supreme People's Court?

No appeal. The death penalty imposed and approved by the Supreme People's Court is a legally effective judgment. If the defendant and his relatives think that the case is indeed wrong, they can appeal to the Supreme People's Court or the Supreme People's Procuratorate, and the appeal will not affect the execution of the judgment.

Legal analysis

The state implements the system of two trials and final adjudication. If the death penalty is imposed in the second instance, the defendant has no right to appeal. However, the state has a death penalty review system for death penalty cases, that is, all cases in which the death penalty is upheld in the second instance must be reported to the Supreme People's Court for review. If the Supreme People's Court refuses to approve the death penalty and remands it for retrial, the sentence can still be commuted with a reprieve. After the death penalty trial, the court of second instance will immediately report the execution of the death penalty to the Supreme Court for review. If the Supreme Law considers that the death penalty should not be imposed, it shall be sent back to the court of second instance for retrial. If the death penalty is approved, it will be executed next. Probation, also known as suspended sentence, refers to the system that criminals who violate the criminal law and are confirmed as crimes by legal procedures and should be punished by punishment are convicted first, and the criminals are not sentenced temporarily. During a certain trial period, the criminals are inspected by a specific inspection agency, and according to their performance during the trial period, whether or not to apply a specific punishment is decided according to law. Suspended death sentence is an abbreviation of death penalty. A reprieve is a two-year reprieve for those sentenced to death for enough crimes. If the death penalty is suspended, if there is no intentional crime during the suspended period, it will be commuted to life imprisonment after the expiration of two years; If there is indeed a significant meritorious service, after the expiration of two years, it will be reduced to 25 years in prison; If the crime is intentional and the circumstances are bad, the death penalty shall be executed after being reported to the Supreme People's Court for approval; If the death penalty is not executed due to intentional crime, the suspended execution period of death penalty shall be recalculated and reported to the Supreme People's Court for the record.

legal ground

Criminal Procedure Law of the People's Republic of China

Article 10 In handling cases, the people's courts shall adopt the system of second instance and final adjudication.

Article 244 The judgments and orders of second instance and the Supreme People's Court are final.

Article 251 When reviewing a death penalty case, the Supreme People's Court shall interrogate the defendant, and the defense lawyer shall listen to his opinions according to his requirements. In the process of reviewing death penalty cases, the Supreme People's Procuratorate can put forward opinions to the Supreme People's Court. The Supreme People's Court should inform the Supreme People's Procuratorate of the results of the death penalty review.