{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:criminal-procedure:2015:article:25","workId":"law:eri:code:criminal-procedure:2015","expressionId":"law:eri:code:criminal-procedure:2015:en","title":"Recusal of Prosecutors, Other Officials and Police Officers","number":"25","language":"en","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/25/","hierarchy":{"book":"BOOK I — THE COURTS, PROSECUTION, DEFENSE AND INVESTIGATION","title":"TITLE III — THE POLICE, PROSECUTION AND DEFENSE","chapter":"Chapter 1. — Law Enforcement: Prosecutors and Police Officers"},"paragraphs":[{"id":"p1","number":"1","text":"Upon motion made to him by any party involved in the case or the victim of the offence, or upon his own motion, any prosecutor, other official or police officer involved in an investigation, prosecution, trial or appeal of a case shall recuse himself from participation in any proceedings in which:","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/25/#p1","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":36,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/36/?article=25¶graph=p1#article-25-p1"}]},{"id":"p1a","number":"a","text":"he has a personal interest;","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/25/#p1a","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":36,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/36/?article=25¶graph=p1a#article-25-p1a"}]},{"id":"p1b","number":"b","text":"he is a relative of any person involved;","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/25/#p1b","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":36,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/36/?article=25¶graph=p1b#article-25-p1b"}]},{"id":"p1c","number":"c","text":"he has had prior substantial involvement in the case; or","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/25/#p1c","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":36,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/36/?article=25¶graph=p1c#article-25-p1c"}]},{"id":"p1d","number":"d","text":"for any other reason his impartiality in the proceeding might reasonably be called into question.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/25/#p1d","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":36,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/36/?article=25¶graph=p1d#article-25-p1d"}]},{"id":"p2","number":"2","text":"If a public prosecutor or other official decides not to recuse himself in accordance with this Article, any person entitled to apply for recusal of such prosecutor or other official may ask the Attorney General to decide the issue and the Attorney General shall as soon as possible decide the issue and in doing so shall give reasons for the decision. Copy of the decision and the reasons therefor shall be kept with the Court’s file for the case.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/25/#p2","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":36,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/36/?article=25¶graph=p2#article-25-p2"}]},{"id":"p3","number":"3","text":"If the application under sub-Article (2) was made during trial or appeal stage, the Court of trial or appeal shall adjourn the proceedings until the decision of the Attorney General is communicated to the Court and the parties involved in the case.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/25/#p3","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":37,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/37/?article=25¶graph=p3#article-25-p3"}]},{"id":"p4","number":"4","text":"If any other official decides not to recuse himself in accordance with this Article, any person entitled under this Article to apply for recusal of such official may ask the Court conducting the proceedings to decide the issue and Court shall before the continuation of the proceedings and in doing so shall give reasons for the decision.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/25/#p4","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":37,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/37/?article=25¶graph=p4#article-25-p4"}]},{"id":"p4-tail","number":"","parentId":"p4","text":"For the purpose of this sub-Article, “other officials” include expert witnesses, interpreters, clerks and other such persons.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/25/#p4-tail","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":37,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/37/?article=25¶graph=p4-tail#article-25-p4-tail"}]},{"id":"p5","number":"5","text":"The provisions of sub-Articles (1) – (3) shall apply mutatis mutandis to the Attorney General if he is involved in an investigation, prosecution, trial or appeal of a case, except the application to decide on the recusal of the Attorney General, if the Attorney General decides not to recuse himself, shall be made to the Minister of Justice of the State of Eritrea.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/25/#p5","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":37,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/37/?article=25¶graph=p5#article-25-p5"}]},{"id":"p6","number":"6","text":"If a police officer decides not to recuse himself in accordance with this Article, any person entitled to apply for recusal of such police officer may ask the Police Commissioner to decide the issue and the Police Commissioner shall as soon as possible decide the issue and in doing so shall give reasons for the decision. Copy of the decision and the reasons therefor shall be sent to the Office of the Attorney General.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/25/#p6","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":37,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/37/?article=25¶graph=p6#article-25-p6"}]}],"caution":"English-language 2015 Ministry of Justice edition. Refworld catalogues the English text as an unofficial translation. Eri Atlas has not independently verified the translation or whether this text reflects later legal changes."}