Article 39 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that defenders must remain independent and may not have interests or other relations with the defendant or the parties to the case. If the defender has an interest or other relationship with the defendant or the parties to the case, he shall apply to the law firm or lawyers association where he belongs for withdrawal; If the defender who has applied for withdrawal thinks that it is unnecessary to withdraw, the law firm or lawyers association where he belongs shall conduct a review and make a decision on whether to allow withdrawal. In addition, the defender is also obliged to take the initiative to apply for withdrawal. For example, defenders have been involved in handling cases as investigators and staff of public prosecution organs, or have relatives with those involved. In these cases, the defender should take the initiative to apply to the court for withdrawal, which will be examined and decided by the court. In short, defenders need to abide by relevant laws and regulations, safeguard their independence and impartiality, and ensure that the trial procedure of the case is legal and fair.
If the defender is judged to have an interest relationship or other relationship and withdraws, will it affect the defendant's right to defense? No, if the defender withdraws due to interests or other relations, the court will appoint another qualified defender to represent the defendant to ensure that the defendant's right to defense is not infringed.
As a defender, you need to abide by the relevant laws and regulations, ensure your independence and impartiality, take the initiative to apply for withdrawal when necessary, and safeguard the legitimate rights and interests of the defendant. The law guarantees the defendant's right to defense, so if the defender withdraws, the court will appoint other suitable personnel to represent the defendant to ensure the normal trial procedure.
Legal basis:
Article 29 of the Criminal Procedure Law of People's Republic of China (PRC), judges, prosecutors and investigators 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.