Cases where it is prohibited for the judge to examine the case envisaged in order to ensure his impartiality are subject to CMK m.22 and 23 under regulation and designated a limited edition. Since the general rule is that the judge deals with the case that comes before him, there can be no question of extending these exceptional regulations by comparison.
Judge;
If he has been harmed by the crime himself,
Even if it Decays later, if there is a marriage, guardianship or trusteeship relationship between the suspect, the accused or the victim and them,
If the suspect is one of the superiors or descendants of the accused or the victim by blood or in-law,,
If there is an adoption connection between them and the suspect, Decriminalized or victim,
If there is a blood relation, including the third degree, between the suspect, the accused or the victim, Dec,
Even if the marriage has ended, if there is a second-degree in-law kinship between them and the suspect, Decriminalized or victim,
If he has served as a public prosecutor, judicial law enforcement officer, suspect or accused defense or victim attorney in the same case,
If he has been heard as a witness or expert witness in the same case,
He can’t do his job as a judge. (CMK m.22)
2. CASES WHERE THE JUDGE CANNOT PARTICIPATE IN THE TRIAL
A judge participating in a decision or decision may not participate in a decision or decision to be made by a high-ranking court in relation to 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 serve in the same job. (CMK m.23)
The legislator has accepted that even if the judge behaves that he cannot act impartially in the cases provided for in these articles, the belief that a fair trial has been conducted in public opinion cannot be ensured. Therefore, in these cases, only the determination of whether such a situation exists is made. If there is a situation in which a judge is prohibited, it is also not investigated whether this situation will affect the impartiality of the judge. In these cases, the judge cannot serve. Failure to comply with the duty prohibitions is a definite violation of the law. (CMK m.289/1/b)
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