Grounds for Judicial Recusal in Proceedings for the Removal of the Accused from Office Under Article 69 of the Criminal Procedure Code

Authors:

Pages: 73-84
DOI: https://doi.org/10.54664/IOIK1820

Abstract:

The present study examines the grounds for judicial recusal in connection with a judge’s participation in proceedings concerning the removal of the accused from office under Article 69 of the Criminal Procedure Code, as well as the permissibility of the judge’s subsequent involvement in the adjudication of the case on the merits. The analysis focuses on the standards of impartiality established under Article 6 of the European Convention on Human Rights, the case law of the European Court of Human Rights, and their consistency with Bulgarian legislation and the jurisprudence of the Supreme Court of Cassation. Conclusions are drawn regarding the application of these standards within the Bulgarian criminal justice system

Keywords:

judicial recusal, judicial impartiality, removal of the accused from office under art.69 of the Criminal Procedure Code.

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