Article 46 – In the following cases, the judges and examining magistrates must recuse themselves from the examination and investigation, and the litigants can also reject them in the following instances:
- When there is a relationship (up to the third degree) between the judge or the examining magistrate, or with any of the litigants, or others who are involved in the criminal act.
- When the judge or examining magistrate is the guardian or the servant of one of the litigants, or if any of the litigants is the steward or manager of the judge or his spouse’s affairs.
- When the judge, examining magistrate, their spouses or children are heirs of any of those involved in the criminal act.
- When the judge or examining magistrate has substantially commented on or has been a witness for one of the litigants.
- When there is or has been a legal or criminal dispute between the judge or examining magistrate, and with one of the litigants or their spouses or children, and it is less than two years from the issuance of its definite sentence.
- When the judge or examining magistrate or their spouses or children have a personal benefit in the subject.
Article 47 – In case of any of the above mentioned items in the last article, rejection of the judge or the examining magistrate shall happen before the court order is issued or before the investigation has been initiated, unless evidence is discovered that can negate the sentence after it has been announced, and the cause of for rejection is realized after the court order is issued, so that the case will be reviewed accordingly.
Article 48 – The statement of rejection is presented to the judge and if he accepts it, he will refuse an investigation and refer the case to an understudy judge or to another branch. In the absence of an understudy judge or another branch, the case will be forwarded to the nearest equivalent court.
Article 49 – If the judge does not accept the statement of rejection, he is bound to make his decision within three days and will continue the investigation. The request for a review of the decision can be presented to that province’s Court of Appeal within 10 days of the notification. This request will be reviewed without appointment.
Article 50 – The complainant, private plaintiff, or the accused, can refuse to have the examining magistrate for any of the rejected cases and present their request to the judge in writing. If the request is accepted, the judge can either perform the investigation in person or inform the director of the first department to designate another examining magistrate.
