Judge’s Recusal as One of the Guarantees of Fair Criminal Trial. A few Remarks in the Context of Articles 40 and 41 of the Polish Penal Code

The article presents the issue of recusal of a judge as one of the guarantees of a fair criminal trial. The author presented in the first part of the text the question of recusal of a judge under Articles 40 and 41 of the Code of Criminal Procedure in historical perspective. Looking from that perspective, she analysed the fundamental context of recusal of a judge in view of procedural principles, namely the impartiality and independence of the judge, and the function of judge’s recusal. Finally, she presented conclusions for the currently applicable law and proposals for the law as it should stand and the consequences of admitting a judge affected by recusal under Article 40(1) or (3) of the Code of Criminal Procedure.