In China, basically all parties to criminal proceedings can apply for judicial personnel to withdraw, such as defendants, victims, defenders and other personnel, and judicial personnel can also take the initiative to withdraw. 1. Can the defender apply for withdrawal? Defenders can apply for withdrawal. The parties and their legal representatives, defenders and agents ad litem may request withdrawal or apply for reconsideration according to law. Article 29 of the Criminal Procedure Law: A judge, a prosecutor or an investigator shall withdraw in any of the following circumstances, and the parties and their legal representatives also have the right to ask him to withdraw: (1) He is 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, the basic principles of criminal procedure The basic principles of criminal procedure law are the basic legal norms established by the criminal procedure law, which reflect the objective laws and basic requirements of criminal procedure. It is closely related to the purpose and task of criminal proceedings, and it is an important guarantee to guide people to achieve the goal of punishing crimes and safeguarding human rights. (1) The power of investigation, prosecution and trial shall be exercised by specialized organs according to law. Article 3 of the Criminal Procedure Law stipulates that the public security organs shall be responsible for the investigation, detention, execution and pre-trial of criminal cases; The people's procuratorate is responsible for procuratorial work and approves arrest, investigation and prosecution of cases directly accepted by procuratorial organs; The people's court is responsible for the trial. Except as otherwise specified by law, no other organ, organization or individual has the right to exercise these powers. In criminal proceedings, the people's courts, people's procuratorates and public security organs must strictly abide by the relevant provisions of this Law and other laws. (2) The people's courts and people's procuratorates independently exercise their functions and powers according to law. Article 5 of the Criminal Procedure Law stipulates that the people's courts independently exercise judicial power and the people's procuratorates independently exercise procuratorial power without interference from administrative organs, social organizations and individuals. People's courts and people's procuratorates shall, in the process of independently exercising their functions and powers according to law, accept the leadership of the Communist Party of China (CPC), accept the supervision of people's congresses at all levels and report their work to them. (III) Principle of division of responsibilities, mutual cooperation and mutual restraint Article 7 of the Criminal Procedure Law stipulates that in criminal proceedings, the people's courts, people's procuratorates and public security organs shall be responsible for division of labor, cooperate with each other and restrict each other to ensure accurate and effective law enforcement. (4) Criminal suspects and defendants have the right to defense. Article 1 1 of China's Criminal Procedure Law stipulates that the people's court has the right to defend a case, and the people's court has the obligation to ensure that the defendant has a defense. In addition to exercising the right of defense, criminal suspects and defendants may also entrust one or two people as defenders. The defendant's right to defense and public prosecution shall be exercised from the date when the case is transferred for review. A defendant in a case of private prosecution may entrust a defender at any time. (5) No one shall be convicted without the judgment of the people's court. Article 12 of China's criminal procedure law stipulates that no one shall be convicted without a judgment by the people's court according to law. That is, the power to determine the defendant's guilt is uniformly exercised by the people's court. (VI) Not being investigated for criminal responsibility under statutory circumstances According to Article 15 of the Criminal Procedure Law, the statutory circumstances not being investigated for criminal responsibility include: the circumstances are obviously minor, the harm is not great, and it is not considered a crime according to the provisions of the Criminal Law; The crime has passed the limitation period for prosecution; Exempt from punishment through Amnesty; Failing to tell or withdraw a crime that should be dealt with according to the criminal law; The criminal suspect or defendant dies; Other laws provide for exemption from criminal responsibility. Three. The concept and types of defense refers to the litigation activities in which criminal suspects, defendants and their defenders put forward materials that are beneficial to criminal suspects and defendants according to facts and laws, and prove that criminal suspects and defendants are innocent or have minor crimes or should be relieved or exempted from criminal responsibility. Defense is divided into justifiable defense, entrusted defense and designated defense. 1. Self-defense refers to the self-defense of criminal suspects and defendants, which runs through the whole criminal procedure. 2. Entrusted defense means that a criminal suspect or defendant entrusts a lawyer or other citizen as a defender to defend him in court. A criminal suspect or defendant may entrust a defender by himself, or by his legal representative, family members or the unit to which he belongs. 3. Designated defense means that the people's court appoints a lawyer who undertakes the obligation of legal aid to defend the defendant under legal circumstances. In a case where a public prosecutor appears in court for public prosecution, if the defendant fails to entrust a defender due to financial difficulties or other reasons, the court may appoint a lawyer who undertakes the obligation of legal aid to defend him. If the defendant is blind, deaf, dumb or a minor, or the defendant may be sentenced to death without entrusting a defender, the court shall appoint a lawyer who undertakes the obligation of legal aid to defend him. If a criminal suspect or defendant may be sentenced to life imprisonment or death without entrusting a defender, the people's court, the people's procuratorate and the public security organ shall notify the legal aid institution to appoint a lawyer to defend him. According to the law, defenders can apply for withdrawal. The parties and their legal representatives, defenders and agents ad litem may request withdrawal or apply for reconsideration according to law.
Legal objectivity:
Article 29 of the Criminal Procedure Law of People's Republic of China (PRC), a judge, a prosecutor or an investigator shall withdraw in any of the following circumstances, and the parties and their legal representatives also have the right to ask him to withdraw: (1) He is 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.