Cases in which the judge is prohibited from hearing the case envisaged to ensure his impartiality, Art. It has been regulated in 22 and 23 and determined in limited numbers. Since the general rule is that the judge deals with the case before him, it is not possible to extend these exceptional regulations by analogy.
Judge;
If he has been harmed by the crime,
If there is a marriage, guardianship or trustee relationship between the suspect, the accused or the victim, even if he leaves later,
If the suspect, accused or victim is a descendant or descendant of blood or beech kinship,
If there is an adoption link between the suspect, accused or victim,
If there is a third degree blood relation with the suspect, accused or victim,
Even if the marriage has ended, if there is a second-degree in-law relationship with the suspect, accused or victim,
If the Public Prosecutor’s Office, the judicial law enforcement officer, the suspect or the accused’s defense or the victim’s attorney in the same case,
If he has been heard as a witness or expert in the same case,
He cannot act as a judge. (Criminal Procedure Law art..22)
2. SITUATIONS WHERE THE JUDGE CANNOT PARTICIPATE IN THE TRIAL
A judge who participates in a decision or decision cannot participate in the decision or decision to be made by the supreme court regarding this decision. A judge who has served in the same job during the investigation phase cannot serve during the prosecution phase.
If the trial is renewed, the judge who served in the previous trial cannot take office in the same job. (Criminal Procedure Law art. 23)
The legislator has accepted that in the cases stipulated in these articles, even if the judge acts that he cannot act impartially, the belief in a fair trial cannot be ensured in the public. Therefore, in these cases, it is only determined whether such a situation exists or not. If there is a situation where the judge is prohibited, it is not investigated whether this situation will affect the impartiality of the judge. In these cases, the judge cannot act. Failure to comply with the duty prohibitions is a definite violation of the law. (Criminal Procedure Law art.289/1/b)
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