Criminal Procedure Code of the Kyrgyz Republic - Legislationline

CHAPTER 8. FACTORS PREVENTING PARTICIPATION IN CRIMINAL
PROCEEDINGS. CHALLENGES
Article 70. Factors Preventing a Judge from Participating in Criminal Proceedings.
A Judge shall not participate in proceedings on the case:
(1) in the event he is a victim, civil plaintiff, civil defendant, or if he participated in the case as a
witness, expert, specialist, translator, investigator, prosecutor, defense attorney, clerk of the
court, legal representative of the accused, defendant, representative of a victim, civil plaintiff,
or civil defendant;
(2) In the event he is a relative of the victim, civil plaintiff, civil defendant, or their
representatives, a relative of the accused, defendant, or his legal representative, a relative of
the prosecutor, defense attorney, investigator, clerk of the court;
(3) In event there are other circumstances that may arouse doubt of the judge’s impartiality.
Article 71. Inadmissibility of Repeated Participation of a Judge in Consideration of the
Case
(1) The judge who has participated in the consideration of the case in trial court cannot
participate in considering the same case in appellate and cassation procedures, in
reviewing procedure, and also during the new consideration of this case in trial court after
the verdict, or resolution (ruling) on trial dismissal rendered by him was repealed.
(2) The judge who has participated in the consideration of the case in appellate and cassation
court cannot participate in reviewing of this case in reviewing procedure.
(3) Judge cannot repeatedly participate in consideration of the case in appellate and cassation
courts or courts of reviewing procedure, the decision on which was made with his
participation was repealed.
(4) Judge who has participated in consideration of the case in appellate, cassation, or
reviewing procedure, or due to the newly discovered evidence, cannot participate in
consideration of this case in trial court.
(As edited by the Law of KR dated 8 August 2004 #111)
Article 72. Recusal of a Judge
(1) Under the circumstances stipulated in Articles 71 and 72 of this Code, a judge shall be
obligated to exclude himself from participation in a case. For the same reason a judge may be
recused by the parties.
(2) The recusal shall be announced before the beginning of court proceedings. Later recusal shall
be permitted only in case when the reason for it has become known to the person recusing the
judge only after beginning of the court proceedings.
Article 73. Procedure for Recusal of a Judge, claimed by the participants of proceedings
(1) Court shall decide on recusal of a judge as well as other participants of the process in a
separate room;