The challenge system refers to a system in which judges and other legal personnel avoid the trial of a case in order to ensure the fair trial of the case under the circumstances stipulated by law.
If an oral application is made, it shall be recorded. Legally, if a party, defender or agent ad litem requests withdrawal, and the person who is requested to withdraw agrees to withdraw, the organ to which the withdrawal belongs shall assign others to participate in the investigation, prosecution and trial of this case. If a party, defender or agent ad litem asks for withdrawal, and the person who is asked for withdrawal does not agree to withdraw, it is a dispute of withdrawal.
What are the provisions of the Criminal Procedure Law on withdrawal?
1, time limit for applying for withdrawal.
According to the legislative purpose of the challenge system, the challenge application can be made at all stages of the investigation, prosecution, trial and other proceedings. For example, in the trial stage, when the people's court is in session, the presiding judge should inform the parties that they have the right to apply for withdrawal from the collegiate bench, the clerk, the public prosecutor, the expert witness and the translator. After the parties know their rights, they can immediately apply for the withdrawal of the relevant personnel.
2. Review and decision of withdrawal.
According to the provisions of the criminal procedure law, the withdrawal of judges, prosecutors and investigators is 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. In addition, the withdrawal of recorders, translators and appraisers involved in investigation activities is decided by the person in charge of the public security organ at or above the county level. The withdrawal of clerks, judicial police, translators and appraisers hired or appointed by the people's procuratorate to participate in inspection activities shall be decided by the chief procurator. The withdrawal of clerks, translators and appraisers who participate in judicial activities shall be decided by the president of the people's court. 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. When discussing the withdrawal of the president, the judicial committee shall be presided over by the vice president, and the president shall not participate.
3. Reconsideration of the decision to reject the application for withdrawal.
China's criminal procedure law stipulates that the parties and their legal representatives may apply for reconsideration once for the decision to reject the application for withdrawal.
legal ground
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.