ART 586: In a felony, misdemeanour or simple offence proceeding, the Criminal Division of the
Supreme Court may relieve any examining or trial court of a case and transfer it to another court of the
same rank, either because the court normally competent cannot be legally composed, the course of
justice is interrupted otherwise or on grounds of legitimate suspicion.
ART 587: The motion for a transfer may be presented either by the attorney general at the Supreme
Court, the public prosecutor at the court referred to, the parties or the party claiming damages.
The motion must be served on all the parties concerned, who have ten days to file a written
submission at the registry of the Supreme Court.
The presentation of the motion shall not stay proceedings unless the Supreme Court orders
otherwise.
The attorney General at the Supreme Court may also, and subject to the same procedures,
ask the Criminal Division to transfer a case from one court to an other for the proper administration of
justice.
ART 588: When a request to transfer a case on grounds of legitimate suspicion is dismissed, the
Criminal Division may order the transfer for the proper administration of justice.
ART 589: The relevant party who willingly comes before an appellate court, a court of first instance or
an investigating judge shall have the right to request transfer only on account of new circumstances
that have occurred since, when they are likely to lead to legitimate suspicion.
ART 590: When a convicted person serving a custodial sentence is detained at the seat of the court that
handed down the sentence, whether final or not, the state counsel, the investigating judge and courts in
this place of detention shall be competent, excluding the rules stated in articles 56 and 374 sub
paragraph 1, to hear any offence he/she is accused of committing.
ART 591: When a convicted person serving a custodial sentence is detained without the possibility to
apply the previous article, the same procedure for resolving conflicts of competence shall be followed, at
the request of only the public prosecutor, to transfer the proceeding from the court seised to the court of
the place of detention.
ART 592: The transfer may also be ordered on public security grounds by the Criminal Division, but only
at the request of the attorney general at the Supreme Court.
ART 593: Any order ruling on an application to transfer based on one of the above mentioned grounds
shall be notified to the relevant parties at the request of the attorney general at the Supreme Court
through the Minister of Justice.
ART 594: The order dismissing the application to transfer shall not rule out a new application for
transfer based on new developments that have occurred since the order.
CHAPTER VI - RECUSAL
ART 595: Any judge or trial judge may be recused on the following grounds;
1° When he/she has a personal interest in the dispute;
2° If he/she is the spouse, descendant or ascendant, brother or sister, guardian or ward of one
parties; of the
3° If during the year prior to the recusal, there was a civil proceeding between him/her and one
of the
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