1A judge has the duty to abstain from the judgment of an actual case:

aif he has a private interest in the proceedings or if any of the private parties or lawyers is a debtor or creditor to himself or to his spouse, cohabitant or his children;

bif he is a legal guardian, a representative or employer of the defendant or of any of the private parties or if the lawyer or the representative of any of these parties is his own or his spouse’s close kindred;

cif he has given advice or expressed his opinion on the object of the proceedings;

çif there are disputes between him, his spouse or any of his close relatives with the defendant or any of the private parties;

dif any of his own or his spouse's relatives has been harmed or damaged by the criminal offence;

dhif any of his relatives or of his spouse’s relatives performs or has carried out prosecutor’s role in the same proceeding;

eif any of the conditions of incompatibility referred to in Articles 15 and 16 exist;

ëif any other important reasons for judge’s partiality exist.

2The abstention statement is submitted to the chairman of the court, who shall approve or reject it by reasoned decision.

3Chairpersons of the hierarchically superior courts shall decide on the abstention statement of any courts’ chairperson. A panel of the High Court composed of three judges shall decide on the abstention statement of the chairperson of the High Court.