The Civil Procedure Law No. 6100 collects the situations that may prevent the judge from hearing the case in two headings.
In addition to the judge’s ban, it is also possible to apply the judge’s refusal in some cases.
34 Of the Code of Civil Procedure. the article regulates
In cases that belong to him or concern him directly or indirectly,
In the case of his wife, even if the marriage between them has Decayed,
The event that he or his wife has a subordinate or superior,
In the case of a person who is related to him by adoption,,
Up to the third degree between blood relatives and relatives-in-law, even if the marriage tie that formed them has Decayed,
In the case of his fiancée,
It is accepted that the judge will have to withdraw from the case in which he is acting as the attorney, guardian, trustee or legal adviser of one of the parties.
In the event of the existence of any of the above-mentioned prohibited conditions, the judge cannot continue the case and make a trial, even if the parties agree to the continuation of the case. However, this prohibition is important between the judge and the parties to the case. Dec. The existence of a prohibition between the lawyer representing one of the parties and the judge will not be evaluated in terms of the prohibition Decrees by the law.
Supreme Court 20. Law Office dated 14.01.2016 and 2015/15973 E., 2016/292 K. according to his numbered decision, “In the case between the parties, the judge decided to dismiss the case on Dec. 13.03.2015 on the grounds that “…the plaintiff’s attorney is the judge’s ex-wife and the conditions under Article 34/1-b of the CCP …”.
The CMK m of the refusal request of the authority examining the file. the Decrees regarding the rejection of the rejection request on the grounds that it does not comply with the prohibition specified in 34/1-b Decrees that the rejection should be between the judge of the case and the parties, the plaintiff’s lawyer should be the legal representative of the party, it should be possible for the plaintiff to be represented by another lawyer and the obligation to reject here should be between the parties of the case. 13 Of the Law on Lawyers. in accordance with the article, an appeal was filed by the plaintiff’s lawyer.
13 of the Law No. 1136. according to the article; “The spouse of a judge or prosecutor, a lawyer who is from the cause or generation of a judge or prosecutor, or who is related (including) to the second degree. this degree) he cannot act as a lawyer in the cases and affairs handled by the judge or prosecutor.” In the concrete case, although the judge decided to dismiss the case on the grounds that the plaintiff’s lawyer was his ex-wife, 13 of the Law on Lawyers No. 1136. due to the above-mentioned mandatory provision of the article of the lawyer, a person who is the spouse of a judge or prosecutor cannot act as a lawyer in a court where his spouse is authorized.
Due to the fact that the plaintiff’s lawyer is prohibited by a special provision of the law, this is CMK 34. as there is no prohibition of the judge in accordance with the article, since there is no mistake in the written decision to be made, it was unanimously decided on 14/01/2016 to reject appeals that are deemed inappropriate and to confirm the verdict, to pay the approval fee written below from the appellant.”
22 Of the Code of Criminal Procedure. the article provides for criminal proceedings. 23, titled ”The judge who can’t attend the trial.” its article is as follows: “(1) A judge who takes part in a decision or judgment may not take part in the decision or judgment that the supreme judicial court will make regarding that decision. or judgment.
(2) A judge who has served on the same subject during the investigation phase may not serve during the prosecution phase.
(3) In case of renewal of the trial, the judge who has served in the previous trial may not serve in the same case. “.
It was added to the third paragraph that if a request is made to renew the trial, the judge who served in the previous trial cannot serve in the same job. Thus, it is aimed to ensure the impartiality of the judge in this regard by preventing the judge who previously expressed an opinion on the same dispute from taking part in the renewal of the trial.
35 Of the Code of Civil Procedure. the article regulates the consequences of the judge’s refusal. An application can be made to a higher court against the judge’s rejection decision. From the date on which the reason for the prohibition appears, all transactions made by the judge during the trial may be canceled by the decision of the upper court. However, the judgments and decisions made by that judge or in the presence of that judge shall be annulled “in all cases”. In this case, the judge who continues the case despite the ban may be sentenced to trial expenses.
It is possible for the judge to waive it at any stage of the case, and if the prohibition state occurs, the judge’s refusal is required. An appeal may be filed against the annulment decisions, but the decisions of the Court of Cassation regarding the rejection decision are final.
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