The defender requested that the presiding judge of the second-instance trial, Zhang San, recuse himselfApplication for recusal of adjudicators
HLBR City Intermediate Court:
Plum. 4. The case of "Wang Wu et al.'s Illegal Absorption of Public Deposits" ([2023] Nei Xing Chu No. **) has now been appealed to your court, and the applicant, as Li Si's defender, is now applying to the presiding judge of the second instance, Zhang San, to recuse himself from this case. The facts and reasons are as follows:
After the case was appealed to your court, the applicant requested to the presiding judge Zhang San to inspect all the paper and electronic case files of the case, the simultaneous audio and video recordings of the interrogation records of Li Si and Wang Wuren, and the trial video of the case on March 30, 2023, September 7, 2023, and October 19, 2023. At present, the presiding judge of this case, Zhang San, has only provided the applicant with 16 CD-ROMs containing information in the case file, and has not allowed the applicant to consult the paper case file and the audio and video recordings in the case file.
The applicant found that there was a falsification of the evidence by reviewing the information in the case file in the 16 CD-ROMs. According to the case file information in the CD-ROM, the applicant found that the first-instance case handling procedures did not comply with the procedural provisions of the Criminal Procedure Law, and the applicant also found that some of the case file information that should be available was missing. In order to further verify whether the case file materials are true and complete, to find out whether the case-handling personnel concealed key evidence materials in the course of the first instance, to verify more procedural violations, and to facilitate the next step of submitting legal opinions to the presiding judge, applying for the exclusion of illegal evidence, and applying for post-judgment Q&A, the applicant submitted a request to the presiding judge for further access to all paper case files and audio and video recordings of the case.
After receiving the applicant's oral request to inspect all the paper case files and view the audio and video recordings of the case, the presiding judge of this case, Zhang San, verbally refused to let the applicant see the paper case files of the case and refused to let the applicant view Li.
4. The simultaneous audio and video recordings of Wang Wuren's interrogation records refused to allow the applicant to view the video recordings of the trial on March 30, 2023, September 7, 2023, and October 19, 2023.
The applicant believes that the conduct of the presiding judge Zhang San in this case is suspected of covering up the concealment of key evidence materials by the case-handling personnel in the course of the first-instance trial, and is suspected of covering up the evidence illegally obtained or falsified in the course of the first-instance trial. The presiding judge in this case, Zhang San, restricted the applicant from fully discovering the illegal circumstances reflected in the case file materials, and was suspected of shielding the illegal case-handling personnel in the first instance, seriously affecting the fairness and impartiality of the second-instance trial results.
It is hereby applied to the presiding judge of the second-instance trial, Zhang San, to recuse himself from this case, requesting that a judge who can ensure that the applicant can access all the paper files of the case, that the applicant can view the simultaneous audio and video recordings of the defendant's interrogation, that the applicant can view the video recordings of the three court hearings, and that the applicant's litigation rights and interests can be fully protected to hear the case.
Sincerely. HLBR Intermediate People's Court.
Applicant: Date: March 7, 2024.