First, what are the circumstances of criminal lawyers' defense withdrawal?
According to Article 51 of the Code of Conduct for Lawyers, in any of the following circumstances, the lawyer shall inform the client and voluntarily withdraw, except that the client agrees to act as his agent or continue to undertake:
(1) Accepting the entrustment of a party to a civil litigation or arbitration case, and other lawyers of the same firm are close relatives of the other party to the case;
(2) Being a defender of a criminal suspect or defendant in a criminal case, and being a close relative of the victim in the case together with other lawyers;
(three) the same law firm accepts litigation cases or other legal services entrusted by the other party who is not a party;
(4) The law firm has a legal service relationship with the client, and the client has not asked the lawyer of the law firm to act as the agent of its litigation or arbitration case, but the lawyer of the law firm acts as the agent of the other party of the client;
(five) within one year after the termination of the entrustment relationship, the lawyer accepts the entrustment of the other party who has an interest in the original client on the same legal matter;
(6) Other situations similar to items (1) to (5) of this article can be judged according to the lawyer's practice experience and industry common sense.
When a lawyer or law firm discovers the above situation, it shall inform the client of the fact of the conflict of interest and the possible consequences, and the client shall decide whether to establish or maintain the entrustment relationship.
If the client decides to establish or maintain the entrustment relationship, it shall sign an informed consent form, indicating that the parties have been aware of the basic facts and possible legal consequences of the conflict of interest, and the parties explicitly agree to establish or maintain the entrustment relationship with the law firm and lawyers.
Second, who should be avoided in criminal proceedings?
Avoidance in criminal proceedings. Avoidance in criminal proceedings refers to a litigation system in which investigators, prosecutors and judges, including clerks, translators and expert witnesses, have an interest or other special relationship with the case itself or the parties to the case and are not allowed to participate in the handling of the case.
According to the provisions of Article 29 and Article 3 1 of the Criminal Procedure Law, the following personnel should be withdrawn: judges, prosecutors, investigators, clerks, translators and expert witnesses.
According to the provisions of Article 28 and Article 28 of the Criminal Procedure Law, the above-mentioned personnel shall apply for withdrawal in any of the following circumstances:
1, who is a party to this case or a close relative of the party;
2. I or my close relatives have an interest in this 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.
In addition, Articles 192 and 206 of the Criminal Procedure Law respectively stipulate: "The people's court that originally tried a case sent back for retrial shall form a collegial panel to hear it according to the procedure of first instance." "A case retried by a people's court in accordance with the procedure of trial supervision shall be conducted by a collegial panel." Therefore, the judicial staff who once served in a certain trial stage of the case cannot serve in the trial of the case again and should also be avoided. Moreover, according to the relevant judicial spirit, those who have participated in the investigation of this case are not allowed to participate in the prosecution and trial of this case, and those who have participated in the prosecution of this case are not allowed to participate in the trial of this case.
Maybe everyone knows that judges should apply the challenge system in the process of litigation, but in fact, lawyers, as agents, actually have challenges, but the relevant regulations have different requirements for the situations in which lawyers need to challenge. Therefore, in practice, we should pay attention to distinguish the scope of objects that need to be avoided. To put it simply, regarding the withdrawal of lawyers, in criminal proceedings, the same lawyer cannot act as a defender for two defendants at the same time.