What are the provisions for deciding to withdraw from the criminal procedure law

1. What are the rules for deciding to withdraw from the criminal procedure law? According to the provisions of the Criminal Procedure Law, the conditions for withdrawal are: (1) is a party to the case or a close relative of the party. (2) He or his near relatives have an interest in the case. It mainly means that judges, prosecutors, investigators or their close relatives have a legal interest in the outcome of the case and may also affect the objective and fair trial of the case. Therefore, they should avoid and no longer participate in the handling of cases. (3) Having served as a witness, expert witness, defender or agent ad litem in this case. Because they have had such an identity in the case, fulfilled or completed certain tasks or obligations, they may have formed their own views on the whole case or a fact of the case. If they handle the case as case handlers again, it may affect the correct identification and fair handling of the facts of the case, so they should also be avoided. (4) Having other relations with the parties to the case, which may affect the fair handling of the case. The so-called other relationships refer to some relationships other than close relatives and interests, such as the relationship between superiors and subordinates, the relationship between classmates and friends. In addition, according to the provisions of the Criminal Procedure Law, when the people's court retries a case in accordance with the trial supervision procedure, it shall form a collegial panel separately. Therefore, the members of the collegial panel of the original trial should also withdraw when the case is retried. (5) Judges, prosecutors and investigators must also withdraw if they accept guests and gifts from the parties and their clients, or meet the parties and their clients in violation of regulations. Under the above circumstances, the parties and their legal representatives may apply for withdrawal at all stages of criminal proceedings. If he refuses to accept the decision to apply for withdrawal, the party concerned and his legal representative may also apply for reconsideration once. Second, what is the consent provision for withdrawal in the Criminal Procedure Law? If a party, defender or agent ad litem requests withdrawal, and the person who is requested to withdraw agrees to withdraw, the withdrawing organ shall assign others to participate in the investigation, prosecution and trial of the 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. The measures to deal with the withdrawal of disputes are as follows: if a party, defender or agent ad litem requests withdrawal in accordance with the provisions of the Criminal Procedure Law, the prosecutor or judge who is requested to withdraw shall immediately stop working and wait for the leader to make a decision on whether to withdraw. But investigators cannot stop investigating the case until they avoid making a decision. If a party, defender or agent ad litem requests the judge, clerk, translator or expert witness to withdraw, the presiding judge shall announce an adjournment, and the president shall decide whether to withdraw. When the president of our hospital is the presiding judge, if the parties, defenders or agents ad litem request the president to withdraw in accordance with the provisions of the Criminal Procedure Law, the president will announce an adjournment. The president will tell the vice president that the vice president will convene a judicial Committee to vote on whether the president should quit. The dean didn't attend the meeting. If a party, defender or agent ad litem requests the public prosecutor to withdraw in accordance with the provisions of the Criminal Procedure Law, the presiding judge shall announce an adjournment, the court shall notify the procuratorate, and the procurator-general shall decide whether the public prosecutor should withdraw. If the Procurator-General is a public prosecutor, and the parties, defenders and agents ad litem request the Procurator-General to withdraw in accordance with the provisions of the Criminal Procedure Law, the presiding judge will announce an adjournment. A procuratorate convened a procuratorial committee to decide whether the procurator-general should withdraw. In the trial of criminal cases in China, the parties concerned are implicated with the persons involved. The presiding judge of the relevant court shall implement the corresponding avoidance principle for such personnel. It is conducive to hearing cases in China, protecting the legitimate rights and interests of relevant parties in relevant case-handling units in China, and carrying out corresponding enforcement in accordance with relevant regulations.