The first novelty which caused the public’s reaction is the amendment regarding the institute of exemption and exclusion of a judge.
In the situation when a judge is connected to a certain case, and they cannot work on that case (for example, one of the parties is the judge’s marital or extramarital partner), the institution of exempting the judge is applied, and the request for exclusion can be submitted by the party itself.
Also, the party in the proceeding which considers that there are circumstances that bring into question the judge’s impartiality has the right to submit a request for exclusion of the judge, which would be decided upon by the President of the Court. However, these new amendments to the CPL foresee novelties regarding this part.
What happens in case a request for exemption or exclusion is filed against a judge?
The new amendments to CPL foresee the right of the acting judge to continue working, even after the request for the judge’s exemption or exclusion is filed, in other words, it completely ignores the filed request for their exclusion, i.e., exemption. A special appeal against the decision on the judge’s ability to proceed with work on your case is not allowed.
Not only that, the new amendments to CPL foresee the right of the judge against whom the request for exemption and exclusion was filed to issue a fine to the party, the person who interfered, or their attorneys, if, according to their free judicial belief, the request for exclusion and exemption was without grounds.