parties
or
his/her
spouse;
4° If there is an existing criminal proceeding between him/her and one of the parties or his/her
spouse;
5° If he/she gave a written opinion in the case or testified as a witness.
ART 596: The person charged, the defendant, the accused person and any other party to
the proceeding shall have the right to recuse.
Magistrates with the public prosecution may not be recused.
ART 597: When the recusal targets an investigating judge or any other magistrate at the seat of the
court of first instance or the justice of the peace with extended jurisdiction, the motion shall be filed and
judged in accordance with the provisions of articles 336 to 342 of the Mali Civil, Commercial and Social
Procedure Code. The decision handed down shall be final and unappeal able.
ART 598: When the recusal targets the president of the court of first instance or all the trial court
judges, judges at the court of appeal or at the court of assizes, the motion must, under pain of nullity,
be submitted to the first president of the court of appeal.
ART 599: Any application to recuse the first president of the court of appeal, members of the High
Court of Justice and the Supreme Court, must also, under pain of nullity, be the subject matter of a
motion sent to the first president of the Supreme Court.
The motion must state the name(s) of the challenged magistrate(s) and contain the statement
of grounds raised alongside all the necessary justifications to support the application.
The motion to recuse shall not automatically withdraw a case from the challenged magistrate.
However, the first president may, after consulting the attorney general, order a stay of the
investigation, proceedings, and handing down the order or judgement.
ART 600: The party that willingly comes before an appellate court , a court of first instance or an
investigating judge shall be admitted to seek recusal only based on new developments that have
occurred since and are likely to be a ground for recusal.
ART 601: The president of the court of appeal or the Supreme Court shall designate the chamber
tasked with hearing the application for recusal which, at the request of the president of the chamber,
will be examined and judged subject to the procedures provided for in articles 336 to 342 of the Civil
Procedure Code.
Any order dismissing an application for recusal shall order that the applicant should pay a civil
fine of between 10,000 francs to 100,000 francs.
ART.602: None of the judges referred to in 'article 597 may automatically be recused without the
authorisation of the first president of the court of appeal or of the Supreme Court depending on the
case. The decision handed down after consulting the attorney general shall not be subject to any
appeal.
CHAPTER VII - MOBILE COURT HEARINGS
ART 603: For the proper administration of justice, the State Counsel may, in misdemeanour
proceedings, for offences punishable with a maximum prison term of 2 years and in a simple offence
proceeding, require that a mobile court hearing should be held in the locality to which he/she belongs.
The president shall rule through an order and the appointed judge shall go to the said locality, assisted
by a court registrar.
The public prosecutor shall be represented by the State Counsel or one of his/her depu ties.
However, when a Justice of the Peace with extended jurisdiction is appointed, he/she will rule in
accordance with the provision of article 16 of Law 88 - 39 AN-RM of 5 April 1988 on Judicial
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