Situations in which the Judge is Prohibited from Hearing the Case
If he/she is harmed by the crime
Even if it is terminated later, there is no marriage, guardianship or trusteeship between the defendant or the victim.
If there is a relationship
The suspect, the defendant or the victim is related by blood or in-laws, from lineal lineage or lineal lineage.
if one
If there is an adoption connection between them
If there is a blood relationship between them up to 3 degrees or in-laws up to 2 degrees
Prosecutor’s office, judicial police, suspect or defendant defense or victim representative in the same case
if he did
If heard as a witness or expert in the same case
The judge who agrees with a decision or judgment shall be informed by the court of higher jurisdiction regarding this decision.
He/she cannot participate in the decision or decision to be made.
The judge who worked in the investigation phase of the same job, the judge who served in the prosecution phase
can’t.
If the trial is renewed, the judge who served in the previous trial will be in the same position.
cannot take office.
In the presence of the above situations, the judge hearing the case should refrain from hearing the case. If not withdrawn, the following people may request the judge’s rejection at any stage of the case.
Public prosecutor
Suspect or accused
Defender
Participating
Participating attorney
Other Situations That May Put the Judge’s Impartiality in Question
If there are other circumstances that may cast doubt on the judge’s impartiality, the judge may dismiss the case.
retractable; If it is not withdrawn, the above persons may request the judge’s rejection. For example, the judge
such as being the defendant’s fiancee, former tenant, or friend.
However, unlike in cases where it is prohibited, in these cases the judge’s rejection is always
cannot be requested. In first instance courts, it may be requested until the interrogation of the defendant begins.
In cases that arise and are learned later, within 7 days from the date of learning
It is necessary to do.