CHAPTER  III DISQUALIFICATION OF COURT OFFICERS

Article 17
In one of the following circumstances, a judge shall disqualify himself from the case concerned on his own motion and may not exercise his functions:
(1) The judge is the victim;
(2) The judge is or was the spouse, blood relative within the eighth degree of kinship, relative by marriage within the fifth degree of relationship, family head, or family member of the accused or victim;
(3) The judge has been betrothed to the accused or victim;
(4) The judge is or was the statutory agent of the accused or victim;
(5) The judge has acted as the agent, defense attorney, or assistant of the accused or as the agent or assistant of the private prosecutor or a party in the supplementary civil action;
(6) The judge has acted as the complainant, informer, witness or expert witness;
(7) The judge has exercised the functions of the public prosecutor or judicial police officer;
(8) The judge has participated in the decision at a previous trial.

Article 18
A party may motion to disqualify a judge in one of the following circumstances:
(1) Circumstances specified in the preceding article exist and the judge has not disqualified himself from the case concerned on his own motion;
(2) Circumstances other than those specified in the preceding article exist which are sufficient to justify the apprehension that the judge may be prejudiced in the exercise of his functions.

Article 19
A party may, at any stage of the proceedings, motion to disqualify a judge in the circumstances specified in Item 1 of the preceding article.
A party who has already made an explanation or a statement of his case may not subsequently make a motion to disqualify a judge as provided in Item 2 of the preceding article, provided that if the reasons for such motion occur or are discovered thereafter, this limitation shall not apply.

Article 20
A motion to disqualify a judge shall be in writing, set forth the reasons therefore, and be filed with the court to which the judge belongs, provided that such motion may be made verbally on the trial date or during examination.
Reasons for the motion to disqualify a judge and facts required by the proviso of the second section of the preceding article shall be set forth and explained.
A judge for whose disqualification a motion is made may file a written opinion.

Article 21
A motion to disqualify a judge shall be determined by a ruling of a panel of judges of the court to which the judge belongs; if a quorum of the panel is not present, the ruling shall be made by the president of the court; if it is impossible for the president to make the ruling, the court which is immediate superior to such court shall make it.
A judge for whose disqualification a motion is made shall not participate in the ruling specified in the preceding section.
If a judge for whose disqualification a motion is made considers that such motion is well-grounded, he shall thereupon disqualify himself without making a ruling.

Article 22
If a motion is made for the disqualification of a judge, the proceedings shall be suspended except for emergency measures or in the case where the motion is based upon Item 2 of Article 18.

Article 23
If a motion to disqualify a judge is dismissed by a ruling, an interlocutory appeal may be made.

Article 24
A court or its president concerned with a motion to disqualify a judge shall muto proprio make a ruling requiring such disqualification if it is considered that reasons exist which require the judge to disqualify himself on his own motion.
The ruling specified in the preceding section need not be served.

Article 25
The provisions of this chapter relating to the disqualification of a judge shall apply mutatis mutandis to a court clerk or interpreter, provided that the previous service as a clerk or interpreter in a lower court shall not be a reason for the disqualification.
The disqualification of a court clerk or interpreter shall be determined by a ruling of the president of the court to which he is attached.

Article 26
The provisions of Articles 17 through 20 and Article 24 concerning the disqualification of a judge shall apply mutatis mutandis to a public prosecutor or a clerk attached to the public prosecutors' office, provided that previous service as a public prosecutor, clerk, or interpreter in a lower court shall not be a reason for the disqualification.
A motion to disqualify a public prosecutor or clerk, which is specified in the preceding section, shall be made to the chief public prosecutor or public prosecutor general concerned for appraisal and decision.
A motion to disqualify a chief public prosecutor shall be made to the chief public prosecutor of the immediately superior public prosecutors' office or public prosecutor general for appraisal and decision; the same rule shall apply if there is only one public prosecutor.