Swiss Criminal Procedure Code

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.


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Art. 56 Grounds for recusal

A per­son act­ing for a crim­in­al justice au­thor­ity shall re­cuse him- or her­self if he or she:

a.
has a per­son­al in­terest in the case;
b.
has ac­ted in an­oth­er ca­pa­city in the same case, and in par­tic­u­lar as a mem­ber of an au­thor­ity, as the leg­al agent for a party, as an ex­pert wit­ness, or as a wit­ness;
c.
is mar­ried to, or liv­ing in a re­gistered part­ner­ship or co­hab­it­ing with a party, his or her leg­al agent or a per­son who has ac­ted as a mem­ber of the lower court;
d.
is re­lated to a party by birth or by mar­riage dir­ectly or col­lat­er­ally up to and in­clud­ing the third de­gree;
e.
is re­lated to the leg­al agent of a party or of a per­son who ac­ted in the same case as a mem­ber of the lower court dir­ectly or col­lat­er­ally up to and in­clud­ing the second de­gree;
f.
may not be im­par­tial for oth­er reas­ons, in par­tic­u­lar due to friend­ship or enmity with a party or his or her leg­al agent.

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