The Criminal Procedure Law stipulates that:
Article 28 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.
Rules for advanced inspection:
Article 20
In the process of accepting the report and handling the case, the public prosecutor shall voluntarily withdraw if he finds any of the circumstances stipulated in Articles 28 and 29 of the Criminal Procedure Law; If the people's procuratorate does not voluntarily withdraw, it shall decide to withdraw in accordance with the provisions of Article 23 of these Rules, and the parties concerned and their legal representatives have the right to ask them to withdraw.
Article 21
If the procurator voluntarily withdraws, he may propose it orally or in writing, and explain the reasons. If an oral application is made, it shall be recorded.
Article 22
The withdrawal requirements of the parties and their legal representatives shall be put forward to the people's procuratorate in written or oral form, and the reasons shall be explained; Where an application for withdrawal is filed in accordance with Article 29 of the Criminal Procedure Law, relevant certification materials shall be provided. If the people's procuratorate meets the requirements for withdrawal after examination or investigation, it shall make a decision on withdrawal; If the conditions for withdrawal are not met, the application shall be rejected.
Article 23
The withdrawal of the procurator-general shall be discussed and decided by the procuratorial committee. 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. The withdrawal of other prosecutors shall be decided by the chief prosecutor.
Article 24
If the parties and their legal representatives request the person in charge of the public security organ to withdraw, they shall submit it to the people's procuratorate at the same level of the public security organ, and the procurator-general shall submit it to the procuratorial Committee for discussion and decision.
Article 25
If the person who should withdraw does not voluntarily withdraw, and the parties and their legal representatives have not applied for withdrawal, the procurator-general or the procuratorial committee shall decide to withdraw.
Article 26
After the people's procuratorate makes a decision to reject the application for withdrawal, it shall inform the parties concerned and their legal representatives. If they are dissatisfied with this decision, they have the right to apply for reconsideration to the original decision-making organ within five days after receiving the decision to reject the application for withdrawal.
Article 27
If the parties and their legal representatives refuse to accept the decision to reject the application for withdrawal and apply for reconsideration, the decision-making organ shall make a reconsideration decision within three days and notify the applicant in writing.
Article 28
Investigators who directly accept a case or who make supplementary investigations in a people's procuratorate cannot stop investigating the case before making a decision to withdraw.
Article 29
Investigators involved in the investigation of this case shall not serve as prosecutors in this case if they are transferred to the people's procuratorate.
Article 30
Whether the evidence obtained by the prosecutor and the litigation behavior implemented by him before making the decision of withdrawal are valid or not shall be decided by the procuratorial committee or the procurator-general according to the specific circumstances of the case.
Article 31
The provisions on withdrawal in these Rules shall apply to clerks, judicial police, translators and appraisers hired or designated by the people's procuratorates.
The withdrawal of clerks, judicial police, translators and expert witnesses hired or designated by the people's procuratorate shall be decided by the procurator-general.