La récusation des ministres du tribunal

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Authors: Philippe Toxé
Cited by: 0

Abstract

In cases where the neutrality of the judge or another tribunal minister might be in doubt, canon law seeks to dispel any suspicion regarding the conduct of the trial and the rendering of the judgment, in order to preserve confidence in its outcome. Canons 1448 and 1449 provide for two ways in which a tribunal minister’s involvement in a judicial process may end, depending on whether the initiative comes from the minister themselves or at the request of a party. Can these rules be extended by analogy to the administrative penal procedure or to other participants in a judicial process?

Fields of Study & Subjects

Theology and Canon Law Studies Legal processes and jurisprudence Criminal Law and Policy

Publication details

Journal / source
L Année canonique
Volume
Tome LXVIII
Issue
2
Pages
23–38
Publication date
16 January 2026
Language
FR