Code of Criminal Procedure

A judge is disqualified from execution of its duties when:

the judge is the victim;

the judge is or was a relative of the defendant or the victim;

the judge is a legal representative, supervisor of a guardian, curator, supervisor of a curator, assistant, or supervisor of an assistant for the defendant or the victim;

the judge has become a witness or an expert witness in the case;

the judge has become a representative, defense counsel or assistant for the defendant in the case;

the judge has executed its duties of a public prosecutor or a judicial police officer in the case;

with regard to the case, the judge has participated in a ruling prescribed in Article 266, item (ii), summary order or the decision of the lower court, or in the original judgment of a case which was sent back or transferred pursuant to the provisions of Articles 398 to 400, 412, or 413, or in the examination of evidence which formed the basis of such decisions; provided, however, that this does not apply when said judge participated as a delegated judge.

When a judge is to be disqualified from the execution of its duties, or there is a concern that said judge may make a prejudicial decision, a public prosecutor or the defendant may recuse said judge.

The defense counsel may recuse a judge on behalf of the defendant; provided, however, that such recusal may not be contrary to the intent expressed by the defendant.

Once a request or a statement has been made with regard to a case, a party cannot recuse a judge on the grounds that there is a concern that said judge may make a prejudicial decision; provided, however, that this does not apply when the party did not know of the existence of a cause for recusal or when such cause occurred later.

When a judge who is a member of a panel is recused, the court to which said judge is assigned must make the ruling. In this case, when the court is a district court, the ruling must be made by a panel.

When an individual judge who is assigned to a district court or a judge assigned to a family court is recused, a panel which is assigned to the same district or family court must make the ruling. When an individual judge who is assigned to a summary court is recused, a panel which is assigned to the district court which has jurisdiction must make the ruling; provided, however, that when the recused judge admits that the recusal has cause, such ruling will be deemed to have been made.

The recused judge may not participate in the ruling prescribed in the preceding two paragraphs.

When the court is unable to make a ruling because of the withdrawal of the recused judge, the ruling must be rendered by the next higher court.

When it is clear that the recusal of a judge has been made merely for the purpose of delaying proceedings, such recusal must be dismissed by a ruling. Paragraph (3) of the preceding Article does not apply to such case. The same applies to a ruling of dismissal against a recusal which was made in violation of Article 22 or the procedures established by the Rules of Court.

In the cases given in the preceding paragraph, a recused commissioned judge or the recused individual judge of a district court, or the recused judge of a family court or summary court, may dismiss the recusal.

An immediate appeal against a ruling of dismissal of a recusal may be filed.

The provisions of this chapter apply mutatis mutandis to court clerks except for the provisions of Article 20, item (vii).

The court to which the court clerk is assigned must make the ruling; provided, however, that in cases prescribed in Article 24, paragraph (1), the commissioned judge to whom the court clerk is assigned may make the ruling to dismiss the recusal.