Judge is the Victim's Uncle: Is There a Change? Does the Defendant Have the Right to Request a Change of Judge?
If the judge is the victim's uncle, will there be a change?
Pursuant to Article 49 of the 2015 Criminal Procedure Code, it is stipulated that persons with authority to conduct proceedings must refuse to proceed or be replaced in the following cases:
Simultaneously being the victim, involved parties; representatives, relatives of the victim, involved parties or the accused, defendants;
Having participated as a defender, witness, expert, asset valuer, interpreter, or translator in the same case;
Clear grounds exist to believe that they may not be impartial in performing their duties.
According to Point e, Clause 1, Article 4 of this Code, relatives of participants in proceedings, and persons with authority to conduct proceedings are those who have a relationship with the participant, such as a spouse, biological father, biological mother, father-in-law, mother-in-law, adoptive father, adoptive mother, biological child, adoptive child; paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological siblings; paternal great-grandparents, maternal great-grandparents, biological uncles and aunts.
Thus, according to the above regulations, if the judge handling your brother's case is the victim's biological uncle, this person must refuse to conduct the proceedings or be replaced.
Does the defendant have the right to request a change of judge?
Pursuant to Clause 2, Article 61 of this Code, the rights of the defendant are stipulated as follows:
a) Receive the decision to bring the case to trial; decisions to apply, change, or cancel preventive measures and coercive measures; decisions to suspend the case; judicial judgments, court decisions, and other procedural decisions as stipulated by this Code;
b) Participate in the trial;
c) Be notified and explained their rights and obligations stipulated in this Article;
d) Request for expert assessment, asset valuation; request to change persons with authority to conduct proceedings, experts, asset valuers, interpreters, translators; request to summon witnesses, victims, persons having rights and obligations related to the case, experts, asset valuers, other participants in proceedings, and persons with authority to conduct proceedings to participate in the trial;
...
Thus, your brother has the right to request a change of judge as well as other persons with authority to conduct proceedings.
Respectfully!
