1. In criminal cases, in order to prevent unfair trial, judges who are familiar with criminal suspects should generally withdraw. The Criminal Procedure Law stipulates that those who have an interest in a case and may affect the fair handling of the case should recuse themselves, and the parties and their legal representatives also have the right to ask them to recuse themselves.
2. Legal basis: Criminal Procedure Law of People's Republic of China (PRC).
Article 29 A judge, prosecutor or investigator shall recuse himself under any of the following circumstances, and the parties and their legal representatives also have the right to ask him to recuse himself:
(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.
Second, what are the reasons for applying for the withdrawal of the judge?
If a judge is under any of the following circumstances, the parties and their legal representatives have the right to request withdrawal, but they shall provide relevant evidence:
(1) meeting with one of the parties to the case and his agent or defender without approval;
(2) recommending or introducing agents or defenders for the parties to a case, or introducing lawyers or other personnel to handle the case;
(3) accepting property and other benefits from the parties to the case and their clients, or asking the parties and their clients to reimburse expenses;
(four) accept banquets or participate in various activities by the parties to the case and their clients at their own expense;
(5) Borrowing money from the parties to the case and their clients, borrowing vehicles, communication tools or other articles, or accepting the interests of the parties and their clients in purchasing goods and decorating houses.
In addition, the Supreme Court also has restrictions on acting as agents ad litem and defenders, including: (1) the court does not allow judges and other court staff to act as agents ad litem and defenders within two years after leaving office; If, two years after leaving office, he acts as an agent ad litem or defender in the court of first instance, and the other party raises objections that may affect a fair trial, the people's court shall support him and shall not allow him to act as an agent ad litem or defender. (2) The court shall not allow the spouses, children or parents of judges and other court staff to act as agents ad litem or defenders in the trial of cases in our court.
In our daily life, the avoidance between lawyers and judges in China is clearly stipulated in our civil procedure law and related lawyer law. As far as the judge is concerned, he cannot have an interest relationship with the parties to the case.
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