First of all, what defenders need to avoid.
According to the relevant laws and regulations of our country, the defender is not the object that should be avoided, so the defender does not need to avoid. The objects of withdrawal are judges, prosecutors and investigators.
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 provisions on application for withdrawal in criminal proceedings.
1, time limit for applying for withdrawal
According to the legislative purpose of the challenge system, the challenge application can be made at all stages of the investigation, prosecution, trial and other proceedings. For example, in the trial stage, when the people's court is in session, the presiding judge should inform the parties that they have the right to apply for withdrawal from the collegiate bench, the clerk, the public prosecutor, the expert witness and the translator. After the parties know their rights, they can immediately apply for the withdrawal of the relevant personnel.
2. Avoid review and decision.
According to the provisions of the criminal procedure law, the withdrawal of judges, prosecutors and investigators is decided by the president, the procurator-general and the person in charge of the public security organ respectively; The withdrawal of the president is decided by the judicial Committee of our hospital; The withdrawal of the procurator-general and the person in charge of the public security organ shall be decided by the procuratorial committee of the people's procuratorate at the same level. In addition, the withdrawal of recorders, translators and appraisers involved in investigation activities is decided by the person in charge of the public security organ at or above the county level. The withdrawal of clerks, judicial police, translators and appraisers hired or appointed by the people's procuratorate to participate in inspection activities shall be decided by the chief procurator. The withdrawal of clerks, translators and appraisers who participate in judicial activities shall be decided by the president of the people's court. When discussing the withdrawal of the procurator-general, the procuratorial committee shall be presided over by the deputy procurator-general, and the procurator-general shall not participate. When discussing the withdrawal of the president, the judicial committee shall be presided over by the vice president, and the president shall not participate.
3. Reconsideration of the decision to reject the application for withdrawal
China's criminal procedure law stipulates that the parties and their legal representatives may apply for reconsideration once for the decision to reject the application for withdrawal. However, "the Supreme People's Court's Interpretation on Several Issues Concerning Execution" stipulates that "the application for withdrawal of the lawsuit that does not belong to the circumstances listed in Articles 28 and 29 of the Criminal Procedure Law shall be rejected by the court and no reconsideration shall be applied". The author believes that this judicial interpretation conflicts with the provisions and spirit of the law.
The above knowledge is my answer to relevant legal questions. According to the relevant laws and regulations of our country, the defender is not the object that should be avoided, so the defender does not need to avoid. The objects of withdrawal are judges, prosecutors and investigators.