Article 28 of the Criminal Procedure Law, a judge, a prosecutor or an investigator shall withdraw from the court 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.
Article 30 The withdrawal of judges, prosecutors and investigators shall be 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.
Investigators can't stop investigating the case before making a decision to withdraw the case.
The parties and their legal representatives may apply for reconsideration of the decision to reject the application for withdrawal.
Article 185 At the hearing, the presiding judge shall ascertain whether the parties appear in court and announce the cause of action. Announce the names of the members, clerks, prosecutors, defenders, agents ad litem, appraisers and translators of the collegial panel; Inform the parties that they have the right to apply for the withdrawal of members of the collegial panel, clerks, public prosecutors, appraisers and translators; Inform the defendant of his right to defense.