The claim of bias


Sometimes it happens that one party (usually the defendant), argue that the court in a criminal case bias. In the vast majority of cases, but the opposition led by the accused dissatisfaction with the actions brought against him by the court, the legal procedure used, or even believing that by raising this objection averting the implementation of the trial and conviction. 

 If an objection is raised bias, it has the court (or other body acting in criminal proceedings , if it was raised against the body) consider and decide on it. The opposition then decide the party against whom the objection. Against the resolution, which the opposition has been decided, it is not permissible to the complaint , but it does not have suspensive effect. Example, if a defendant during the trial rejoining the partiality of the presiding judge, the court may immediately rule on the objection. If this objection be deemed to be unfounded, may continue in the trial, despite the fact that the accused against the order which the decision on the objection lodged a complaint. Only if the court of second instance upheld the complaint and the plea of bias would be found reasonable, would be excluded by the judge acts made ​​void and the whole thing would have to be discussed again by another judge. 

Following an objection the court of bias (or other criminal proceedings) decides whether or not excluded from hearing the criminal case. The fact that in a criminal case, the body active in criminal proceedings is excluded, that authority may decide himself without objection of bias, if it finds that there are grounds for exclusion (eg, if the judge finds that the defendant's ex-husband of his sister, not wait until someone raises an objection of bias and does not exclude from the case).

Reasons for exclusion authority law enforcement agency from participating in the Criminal Procedure Code of Criminal Procedure sets out clearly. Each institution of law enforcement is mainly excluded from the case if they could create reasonable doubt about his relationship (positive or negative) to this case or to whom the criminal proceeding. Also excluded are one body in a criminal case has already performed some tasks in the previous stage of the proceedings as any other body acting in criminal proceedings (eg, if the district court judge was county court judge, he can not attend the hearing appeal against that he published). Finally, judges are excluded even if the pre-trial (ie before an indictment ), published in any given case the statutory decision. Specifically, the decision on detention , and searches of Publication arrest warrant .



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