1. What are the rules for people's police to avoid criminal cases?
The rule for the people's police to withdraw from criminal cases is that there are some special types of subjects between the parties and the participants in court proceedings, such as the close relatives of the parties or those who have other interests in the case, which are decided by the higher authorities.
(1) is a party to this case or a close relative of the party;
(two) I or a close relative has an interest in the case;
(3) Having other relations with the parties to the case, which may affect the fair handling of the case.
The withdrawal of the people's police shall be decided by the public security organ to which it belongs; The withdrawal of the person in charge of the public security organ shall be decided by the public security organ at the next higher level.
Second, what are the types of withdrawal in criminal proceedings?
1, active withdrawal, refers to judicial personnel, prosecutors, investigators, etc. In case of legal withdrawal in the process of litigation, take the initiative to ask for withdrawal from criminal proceedings. Article 29 of the Criminal Procedure Law establishes the system of automatic withdrawal. The essence of this system is to eliminate human factors that may lead to unfair handling of cases through the professional self-discipline and self-restraint consciousness of public security judicial personnel, so that public security judicial personnel who meet the statutory withdrawal situation consciously withdraw from litigation activities.
Article 29 of the Criminal Procedure Law stipulates that judges, prosecutors and investigators should withdraw in any of the following circumstances, and the parties and their legal representatives also have the right to ask them to withdraw:
(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.
2. Application for withdrawal refers to that the parties to the case and their legal representatives think that the judges, prosecutors and investigators have legal withdrawal situations and apply to their organs for withdrawal. According to the provisions of the Criminal Procedure Law, it is an important litigation right of the parties and their legal representatives to apply for the withdrawal of public security and judicial personnel. Public security and judicial organs have the obligation to ensure that the parties and their legal representatives fully and effectively exercise this right. According to the provisions of the Criminal Procedure Law, the victim has the litigation status of a party, so he has the right to apply for withdrawal at all stages of criminal proceedings, just like a criminal suspect or defendant.
3. Instructed withdrawal refers to judges, prosecutors, investigators, etc. Legal withdrawal, if the parties and their legal representatives have not applied for withdrawal, they may not withdraw on their own. Courts, procuratorial organs, public security organs and other relevant organizations or administrative leaders have the right to make decisions to avoid litigation activities. Instruction avoidance is an important part of avoidance system and a necessary supplement to self-avoidance and application avoidance.
In real life, it is often seen that people apply for withdrawal in litigation activities, mainly because there are many types of litigation. After all, the trial activities of this kind of behavior will affect the final result, so it is necessary to apply for withdrawal carefully.