The six situations of recusal are as follows:
1. Other lawyers in the same firm are close relatives of the other party;
2. Other lawyers in the same firm are close relatives of the other party; Close relatives of the victim in the case;
3. The same law firm accepts entrustment from the other party in the litigation case it is representing to handle other legal affairs;
4. Law firm and entrustment The lawyer has a legal service relationship with the client;
5. The lawyer accepts another entrustment from the other party who has an interest in the client on the same legal matter within one year after the termination of the entrustment relationship;
4. , the law firm has a legal service relationship with the client;
5. Within one year after the termination of the client relationship, the lawyer accepts the client's commission from the other party who has an interest in the original client;
6. Other situations that can be judged based on the lawyer’s professional experience and common sense.
There are three types of avoidance: self-avoidance, application-based avoidance and command avoidance. Self-recusal refers to judges, prosecutors, investigators, etc. In the process of legal avoidance, the act of voluntarily withdrawing from criminal proceedings. Application for recusal means that if the parties to the case and their legal representatives believe that the judges, prosecutors, investigators, etc. have statutory recusal circumstances, they shall apply to their respective agencies for their recusal.
What are the methods of recusal:
1. If a party applies for recusal, the party shall explain the reason and submit it before the trial; if the reason for recusal is known during the trial, It can also be submitted before the end of the court debate;
2. Recusal yourself. If the relevant person has legal recusal, he or she can apply for it in person. After applying for recusal, it will go through court debate. After an application for recusal is filed, the court will decide whether to approve it. The recusal of the president shall be decided by the judicial committee of the court; the recusal of the chief prosecutor 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. The effectiveness of the decision to recuse the investigators before making a decision to recuse themselves from the investigation. The investigators shall not stop investigating the case.
Challenge Reconsideration For the decision to reject the recusal application, the parties and their legal representatives may apply for reconsideration once.