The General Provisions on Recusal and Abstention They are important elements within the judicial system and its exercise. They are protected by different laws and regulations that regulate the participation of those involved in any specific case or event.
In addition to regulating such participation, these rules protect those involved in the Legal procedure that is held. In each of the events that have a judicial process, there must be the right to challenge or abstention.
For this occasion, we will explain about the General Provisions on Recusal and Abstention in criminal practice and how they are based.
What is a Recusal or Abstention in the legal process?
A recusal is a right that a plaintiff or defendant has to request that a judge withdraw due to bias. It not only applies to a judge, it can also be directed to other people from the Legal Administration within the case.
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This is an element included within the category of procedural law, which is based on judicial regulations. This establishes all the rules and laws for the exercise of justice and what ethics should be like in it.
Based on the regulations established in procedural law, also legal action is determined that corresponds. Each and every one of the legal procedures are directed through these aforementioned precepts, which must be completely complied with.
Not only judges and judicial teams must be regulated under the rules of procedural law, but also government institutions. This is because to ensure that the law is complied with, all regulatory entities work together.
Likewise, it can be considered as an instrument that enforces compliance with the law correctly. Therefore, it is a guarantee of judicial ethical action, which also draws on itself to function properly.
The procedural law It is considered a young branch of law, since its application and exact recognition is quite recent. For ancient times, all procedural law was limited to simple practice, then being procedure, changing to procedural law.
For its part, Abstention does not refer to a request, but to the very obligation to separate of the case. There may be many reasons why you should not continue working on said case, especially family ties or similar.
From this, you can know the rules General Provisions on Recusal and Abstention for a specific judicial process.
Laws, legal norms or General Provisions on Recusal and Abstention.
sayings General Provisions on Recusal and Abstention are displayed in the Criminal Procedure Law. These are some specific articles that explain what is essential for this situation and how to use it.
Article 52: “Magistrates, Judges and Advisors, whatever their rank and hierarchy, may only be challenged for legitimate cause.”
Article 53: “They may only challenge criminal businesses:
The representative of the Public Prosecutor's Office.
The private accuser or those who legally represent his actions and rights.
People who find themselves in the situation of articles 118 and 520.
Those civilly responsible for a crime or misdemeanor.”
Article 54: “Abstention and recusal will be governed, as to their causes, by the Organic Law of the Judiciary, and as to the procedure, by the provisions of the Civil Procedure Law.”
Article 55: “The Magistrates and Judges included in any of the cases expressed in the previous article will recuse themselves from hearing the matter without waiting for them to be challenged. There will be no recourse against this inhibition.
Likewise, they will disqualify themselves, without any appeal, when, upon being challenged in any way, they consider the alleged cause to be appropriate. In either case they will send the proceedings to whoever should replace them.”
Article 56: “The recusal must be proposed as soon as the cause on which it is based is known, since, otherwise, it will not be admitted for processing. Specifically, challenges will be inadmissible:
1. º When they are not proposed when appearing or intervening for the first time in the process, in any of its phases, if the knowledge of the concurrence of the cause of the challenge was prior to that.
2. º When the process is already proposed, if the cause of recusal is known prior to the procedural moment in which the recitation is proposed.”
Causes of the use of General Provisions on Recusal and Abstention
First of all, you must apply the Recusal or Abstention in case there is a marriage relationship between some involved. In addition, the facts of blood relationship and affinity in the second and fourth degree with the parties to the trial are included.
On the other hand, another cause is that of having been judicial defender or member of guardianship organizations of the parts. Even those people who were under the guardianship of some of the parties related to the conflict are considered for this.
In case of having had a complaint or being accused of a crime by one of the parties, also applies. It depends directly on whether the judicial process of said accusation has not ended in a sentence of acquittal or similar.
It also applies in case of having been sanctioned for the complaint of any of the parties or defender of any. Likewise, it includes people who have reported any of the masses, or have a lawsuit still pending.
Should include those close friends, or open enemies, in addition to having some specific interest in litigation or similar. For this, those who are related to the resolution of disputes or conflict with others are also mentioned.
The parts They must not have been subordinates of the Judge, nor have a political position that has been related to the lawsuit. This means that there must be no relationship with any position that has participated in a previous lawsuit.
These are the major causes and reasons of law for the application of the General Provisions on Recusal and Abstention.