1. What are the rules for couples of judges and lawyers in avoidance relationship?
If the judge and lawyer are husband and wife, the judge needs to withdraw. Judges, prosecutors and investigators should recuse themselves in any of the following circumstances, and the parties and their legal representatives also have the right to ask them to recuse themselves:
(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. What rights do defense lawyers have?
1. In the investigation stage, the entrusted lawyer can meet with the criminal suspect in custody, provide legal assistance to the criminal suspect, learn about the relevant case from the criminal suspect, and learn about the charges charged by the criminal suspect from the investigation organ.
2. Have the right to request the public security organ to cancel or change the compulsory measures against the defendant.
3. Defense lawyers can consult, extract and copy the litigation documents and technical appraisal materials in this case from the date of case review and prosecution; The people's court may consult, extract and copy the criminal materials of the defendant in this case from the date of accepting the case. Other defenders may also enjoy the above rights with the permission of the people's procuratorate or the people's court.
With the consent of witnesses or other relevant units and individuals, defense lawyers may collect materials related to this case from them.
5. A defense lawyer may apply to a people's court or a people's procuratorate to collect and investigate evidence, or apply to a people's court to notify witnesses to testify in court.
6. After the people's court decides to hold a hearing, it shall serve the notice on the defender 3 days before the hearing at the latest.
7. Right to express opinions.
8. During the court hearing, with the permission of the presiding judge, the defender may ask questions to witnesses and expert witnesses.
9. Defenders have the right to show physical evidence to the court and read out documents that can be used as court evidence.
10. With the permission of the presiding judge, the defender may argue with the public prosecutor, the victim, etc.
1 1, the right to represent.
12. With the consent of the defendant, the defender may appeal against the judgment of first instance that has no legal effect.
13, the right to refuse the defense.
In the relevant legal system, it is not stipulated that a judge's spouse can't be a lawyer, but whether a lawyer is the plaintiff's defender or the defendant's defender, generally speaking, as a lawyer or a judge, he will take the initiative to withdraw under this special situation. If a lawyer and a judge are husband and wife, they should make it clear to their clients in advance.