A judge should recuse himself under any of the following circumstances, and the parties and their agents also have the right to ask him to recuse himself: he is a party to the case or has lineal blood relatives, collateral blood relatives and in-laws within three generations; I or a close relative has an interest in the case; Having served as a witness, expert witness, inspector, defender or agent ad litem in this case; Having the relationship of husband and wife, parents, children or brothers and sisters with the agent ad litem or defender in this case; I have other interests with the parties to this case, which may affect the fair handling of the case.
If a judge is under any of the following circumstances, the parties and their agents have the right to ask for withdrawal, but they should provide relevant evidence: meeting with one of the parties to the case, their agents and defenders without approval; Recommend or introduce agents and defenders for the parties to the case, or introduce lawyers and other personnel to handle the case; Accepting property and other benefits from the parties to the case and their clients, or requiring the parties and their clients to reimburse expenses; Accept banquets from the parties to the case and their clients, or participate in various activities funded by them; Borrow money from the parties to the case and their clients, borrow vehicles, communication tools or other articles, or accept the interests of the parties and their clients in purchasing goods and decorating houses.
In addition, any judge who participates in the trial of this case in one trial procedure shall not participate in the trial of other procedures in this case; The people's court shall not allow judges and other court staff to act as agents ad litem within two years after leaving office; Two years after leaving office, judges and other court staff served as lawyers at large in the initial court cases. If the other party raises an objection that may affect a fair trial, the people's court shall support it and shall not allow former employees to act as discretionary persons. However, unless he is a close relative or guardian of the party concerned, he acts as an agent in litigation or defense.
What are the conditions for the crime of perverting the law to be filed in the supervisory Committee?
The conditions for filing the crime of perverting the law by the supervisory committee are as follows:
1, causing more than 1 person to die, or seriously injuring more than 3 people, or slightly injuring more than1person;
2, resulting in direct economic losses of more than 300 thousand yuan, or direct economic losses of less than 300 thousand yuan, but indirect economic losses of more than 6.5438+0 million yuan;
3, personal fraud, resulting in direct economic losses of more than 200 thousand yuan;
4, causing the relevant companies, enterprises and other units to stop production, serious losses, bankruptcy;
5, serious damage to the national reputation, or cause adverse social impact;
6. The staff of the customs and foreign exchange administration departments are seriously irresponsible, resulting in huge amounts of foreign exchange being cheated or evaded;
7 other circumstances that cause heavy losses to public property, the interests of the state and the people;
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 29 of the Criminal Procedure Law.
A judge, a prosecutor or an investigator shall 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.