#Law Popularization Action#[Appearing in Court to Testify and Protect Witnesses] Yu X and Zhang X jointly committed theft, and Zhang X was decided not to prosecute by the people's procuratorate due to the minor circumstances. At the time of the trial

#Law Popularization Action#[Appearing in Court to Testify and Protect Witnesses] Yu X and Zhang X jointly committed theft, and Zhang X was decided not to prosecute by the people's procuratorate due to the minor circumstances. At the time of the trial, Yu found that Zhang was notified by the court to appear in court to testify, and the presiding judge Zhang was Zhang's sister, and there was an attached civil lawsuit in this case. So on the issue of recusal in this case. What is wrong in the following statement is:

　　A. Zhang X as a witness does not fall within the scope of application of the recusal system, so Zhang X should not recuse himself

　　B. As one of the co-offenders, if Zhang does not testify in court, the case cannot be ascertained, so Zhang should not recuse himself

　　C. Judge Zhang's younger brother has an interest in the whole case, so he should recuse himself

　　D. Presiding Judge Zhang is a close relative of the party Zhang X in this criminal proceeding, so he should recuse himself

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Analysis: The applicable personnel of recusal refer to the scope of public security judicial personnel who should be recused under the circumstances of recusal clearly provided by law, and only those who fall within this scope need to voluntarily recuse themselves, or are applied for by parties and others In accordance with articles 28 and 31 of the Criminal Procedure Law and the relevant interpretations of the Supreme People's Court and the Supreme People's Procuratorate, the personnel who apply the recusal system include: adjudicators, procurators, investigators, and people's assessors involved in investigation, prosecution, and trial activities. Clerks, translators, appraisers, forensic police, inquests, and enforcers note that witnesses are not included, so Zhang as a witness is not applicable to the recusal system, because Zhang has not been prosecuted, so it cannot be called a party in criminal proceedings, and Zhang may become a party in this case. If a party to a civil lawsuit is attached to a civil lawsuit, the outcome of the criminal part of the trial is in its interest to a certain extent, and Chief Judge Zhang, as his sister, should recuse himself from [giving force]