CHAPTER III WITHDRAWAL
Article 28 In any of the following situations, a member of the judicial,
procuratorial or investigatory personnel shall voluntarily withdraw, and
the parties to the case and their legal representatives shall have the
right to demand his withdrawal:
(1) if he is a party or a near relative of a party to the case;
(2) if he or a near relative of his has an interest in the case;
(3) if he has served as a witness, expert witness, defender or agent ad
litem in the current case; or
(4) if he has any other relations with a party to the case that could
affect the impartial handling of the case.
Article 29 Judges, procurators or investigators shall not accept
invitations to dinner or presents from the parties to a case or the
persons entrusted by the parties and shall not in violation of
regulations meet with the parties to a case or the persons entrusted by
the parties.
Any judge, procurator or investigator who violates the provisions in the
preceding paragraph shall be investigated for legal responsibility. The
parties to the case and their legal representatives shall have the right
to request him to withdraw.
Article 30 The withdrawal of a judge, procurator and investigator shall
be determined respectively by the president of the court, the chief
procurator, and the head of a public security organ; the withdrawal of
the president of the court shall be determined by the court's judicial
committee; and the withdrawal of the chief procurator or the head of a
public security organ shall be determined by the procuratorial committee
of the People's Procuratorate at the corresponding level.
An investigator may not suspend investigation of a case before a
decision is made on his withdrawal.
If a decision has been made to reject his application for withdrawal,
the party or his legal representative may apply for reconsideration
once.
Article 31 The provisions of Articles 28, 29 and 30 of this Law shall
also apply to court clerks, interpreters and expert witnesses.
CHAPTER IV DEFENCE AND REPRESENTATION
Article 32 In addition to exercising the right to defend himself, a
criminal suspect or a defendant may entrust one or two persons as his
defenders. The following persons may be entrusted as defenders:
(1) lawyers;
(2) persons recommended by a public organization or the unit to which
the criminal suspect or the defendant belongs; and
(3) guardians or relatives and friends of the criminal suspect or the
defendant.
Persons who are under criminal punishment or whose personal freedom is
deprived of or restricted according to law shall not serve as defenders.
Article 33 A criminal suspect in a case of public prosecution shall have
the right to entrust persons [1] [2] [3] [4] [5] 下一页
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