1. Can I apply for the withdrawal of the opposing lawyer?
According to the relevant laws and regulations of our country, lawyers are not the subject of withdrawal from criminal proceedings, so they cannot apply for withdrawal from criminal proceedings. The subjects of withdrawal are judges, clerks, translators and appraisers.
Criminal Procedure Law of the People's Republic of China
Article 29 A judge, prosecutor or investigator shall recuse himself under any of the following circumstances, and the parties and their legal representatives also have the right to ask him to recuse himself:
(1) Being a party to the case or a close relative of the party;
(2) He or his close relatives have an interest in the case;
(3) Having served as a witness, expert witness, defender or agent ad litem in this case;
(4) Having other relations with the parties to the case, which may affect the fair handling of the case.
Article 32 The provisions on withdrawal in this chapter shall apply to clerks, translators and expert witnesses.
Defenders and agents ad litem may apply for withdrawal and reconsideration in accordance with the provisions of this chapter.
Second, the withdrawal of civil servants.
1. Job avoidance refers to the relationship between husband and wife, lineal consanguinity, collateral consanguinity within three generations and near-in-law. They shall not hold positions directly subordinate to the same leader or directly subordinate leaders in the same organ, nor shall they engage in organization, personnel, discipline inspection, supervision, auditing, finance and other work in organs where one of them holds leadership positions.
2. Regional avoidance means that civil servants are not allowed to hold a certain level of leadership positions where they grew up. Including the main leadership positions of township-level organs, county-level organs and relevant departments. However, the county magistrate of an autonomous county shall be a citizen of the ethnic group exercising regional autonomy; The head of a nationality township shall be a national citizen who established the nationality township.
3. Official avoidance means that civil servants have an interest in performing official duties; Involving husband and wife, lineal blood relatives, collateral blood relatives within three generations and close in-laws with themselves, and other circumstances that may affect the fair execution of official duties.
4. Resignation avoidance refers to the resignation of civil servants or retired civil servants who have served as leading members. Other civil servants are not allowed to work in enterprises or other profit-making organizations directly related to their original jobs within three years of resignation, and are not allowed to engage in profit-making activities directly related to their original jobs.
These are Bian Xiao's answers to relevant legal questions. According to the relevant laws and regulations of our country, lawyers are not the subject of withdrawal in criminal proceedings, so they cannot apply for withdrawal of lawyers. The subjects of withdrawal are judges, clerks, translators and appraisers. If you need legal help, readers are welcome to consult.