1. 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.
Two, judges, prosecutors and investigators shall not accept the entrustment of the parties and their clients, and shall not meet with the parties and their clients in violation of regulations.
Judges, prosecutors and investigators who violate the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. The parties and their legal representatives have the right to ask them to withdraw.
3. The withdrawal of judges, prosecutors and investigators shall be 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.
Investigators can't stop investigating the case before making a decision to withdraw the case.
The parties and their legal representatives may apply for reconsideration of the decision to reject the application for withdrawal.
Four, the above provisions also apply to clerks, translators and expert witnesses.
Five, members of the judicial committee, members of the collegial panel and the sole judge have one of the circumstances stipulated in the Criminal Procedure Law, and should voluntarily withdraw; The parties and their legal representatives also have the right to apply for the withdrawal of the above-mentioned personnel.
Six, the judge voluntarily withdraw, can be put forward orally or in writing, and explain the reasons, decided by the president. The parties and their legal representatives may apply for the withdrawal of the judge orally or in writing, which shall be decided by the presiding judge and the applicant shall be informed of the decision.
Seven, the parties and their legal representatives to apply for the withdrawal of the president of the people's court or the withdrawal of the president shall be discussed and decided by the judicial committee, and the decision shall be notified to the applicant. When discussing the withdrawal of the president, the judicial committee shall be presided over by the vice president, and the president shall not participate.
Eight, should be avoided, I did not take the initiative to avoid, the parties and their legal representatives did not apply for their withdrawal, the president or the judicial committee shall decide to withdraw.
Nine, apply for withdrawal, the applicant shall provide proof materials.
X. If the person who has been decided to withdraw disagrees with the decision, he may apply for reconsideration once before resuming the trial; If the respondent and his legal representative are not satisfied with the withdrawal decision, they may apply to the court for reconsideration once.
Eleven, does not belong to the circumstances listed in the criminal procedure law, the court rejected, and shall not apply for reconsideration.
Twelve, the parties and their legal representatives to the prosecutor or the clerk to apply for withdrawal, the people's court shall notify the prosecutor designated by the people's Procuratorate to appear in court, decided by the chief procurator or the procuratorial committee.
Thirteen, investigators and prosecutors who have participated in the investigation and prosecution of this case, if transferred to the people's court, shall not serve as judges of this case.
Members of the collegial panel who participate in the trial of this case in one trial procedure shall not participate in the trial of other procedures in this case.
14. The above provisions on withdrawal shall apply to clerks, translators and expert witnesses. The withdrawal shall be decided by the president of the people's court.
Second, the Criminal Procedure Law has the following provisions for defenders:
Article 32 A criminal suspect or defendant may, in addition to exercising the right of defense, entrust one or two persons as defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) A person recommended by a people's organization or the unit to which the criminal suspect or defendant belongs:
(3) Guardians, relatives and friends of criminal suspects and defendants.
A person who has been sentenced to punishment according to law or deprived of or restricted personal freedom shall not act as a defender.
Third: further provisions on the interpretation of criminal proceedings:
Article 33 In the process of hearing a case, the people's court shall fully ensure that the defendant exercises the right of defense as stipulated in Article 32 of the Criminal Procedure Law. However, the following persons shall not be entrusted as defenders:
(a) was sentenced to probation, the sentence has not been executed;
(2) A person who is deprived or restricted of personal freedom according to law;
(3) Persons without capacity or persons with limited capacity;
(4) Current employees of people's courts, people's procuratorates, public security organs, state security organs and prisons;
(5) People's jurors in our hospital;
(6) People who have an interest in the trial result of this case:
(7) Foreigners or stateless persons.
The people's court may allow the person specified in items (4), (5), (6) and (7) of the preceding paragraph to be a close relative or guardian of the defendant and be entrusted by the defendant to act as a defender.
I hope it helps you:)