What situations should be avoided in handling criminal cases?

In the process of handling criminal cases, which situations should be avoided will vary according to the specific circumstances. The following detailed analysis: the parties to this case or their close relatives; I or my close relatives have an interest in the case; Having served as a witness, expert witness, defender or agent ad litem in this case; Having other relations with the parties to the case, which may affect the fair handling of the case.

What are the conditions for handling the withdrawal of criminal cases?

1. Judges, prosecutors and investigators should 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.

2. Judges, prosecutors and investigators shall not accept guests and gifts from the parties and their clients, and shall not meet the parties and their clients in violation of regulations.

Judges, prosecutors and investigators who violate the provisions of the preceding paragraph shall be investigated for legal responsibility according to law. The parties and their legal representatives have the right to ask them to withdraw.

3. 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.

4. The provisions on withdrawal in this chapter apply to clerks, translators and expert witnesses.

Defenders and agents ad litem may apply for withdrawal and reconsideration in accordance with the provisions of this chapter.

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.