Cases Where the Judge Is Prohibited from Considering the Case
If he himself has been harmed by this crime,
Marriage, guardianship or trusteeship between the accused or the victim and them, even if the case is Decried later
if a relationship has been found
* The suspect, the accused or the victim’s blood or the father-in-law’s upper or lower body
one
There’s an adoption link between them. Dec.
If there is blood between them, including 3 degrees, and Decubitus, including 2 degrees, then
– Prosecutor’s office, judicial law enforcement, suspect or defendant’s defense or victim’s attorney in the same case
if he did
If the case has been heard as a witness or expert witness in the same case
The judge participating in such a decision or decision shall be appointed by the high court in accordance with this provision
he cannot participate in the decision or decision that will be made as.
– A judge who has served in the investigation phase of the same job, served in the prosecution phase
he can’t do.
If the previous trial is renewed, the judge who served in the previous trial is in the same job
the task can take.
In the presence of the above situations, the judge who is looking at the case should refrain from the case. If it is not withdrawn, these persons may request the rejection of the judge at all stages of the case.
former Public prosecutor
A Suspect or accused
□ Defender of
Current participating
Current participating attorney
Other Cases That Will Put the Impartiality of the Judge in Doubt
In the presence of other circumstances that will put the impartiality of the judge in doubt, the judge will also be dismissed from the case
it may be withdrawn; if it is not withdrawn, the above persons may request the rejection of the judge. For example, the judge
it’s like the defendant was her fiance, her former tenant, her friend.
However, unlike in cases where it is prohibited, the refusal of the judge in these cases is always
it’s not desirable. In the courts of first instance, it may be requested until the defendant’s interrogation begins.
In cases that arise later and are learned within 7 DAYS from the moment of learning
must be done.
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