Recusal Of The Judge In Criminal Procedure
The legislator, taking into account these situations of the judges, has accepted by presupposition (in advance) that the judge cannot be impartial in the presence of some situations. In some cases, if there is a suspicion that the judge cannot be impartial according to the concrete case, based on this suspicion, the parties to the case have the opportunity to reject the judge. Due to the nature of the work, the nature of these situations has not been determined one by one in advance, but has been left to the characteristics of each concrete case.
Here, firstly, the situations in which the judge cannot be impartial (the judge cannot hear the case / reasons for absolute recusal), which are accepted by the legislator with a preliminary acceptance, and then the recusal of the judge based on the reasons for doubting the impartiality of the judge, which can be put forward by the parties according to each concrete case, will be emphasised.
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