1A judge who has issued [a decision] or taken part in preliminary hearings or has issued a decision in any of the instances of the proceedings, shall not exercise the judicial functions in the other instances, nor participate in the review or revision trial after the decision has been annulled.
2A judge who has examined the requests of the parties during the preliminary investigations or the preliminary hearing for the same proceeding may not take part in the trial. The judge who examines the requests of the parties during the preliminary investigations may not exercise the judicial functions at the preliminary hearing of the same proceeding.
3A person who, in the same proceedings, has acted as a prosecutor, or has carried out actions of judicial police, or has served as a lawyer, representative, guardian of one of the parties or has been a witness, expert, a victim or person who has lodged a criminal report or complaint, is barred from exercising the judicial function.
EN