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epresentative or proxy of an aggrieved party or of the prosecutor, or was heard as awitness or an expert witness;5) where in the same case the judge had taken part in rendering a decision of a lowerinstancecourt or had in the same court taken part in the issuance of a decision which isbeing appealed;6) where there exist circumstances to doubt the judge’s impartiality.Article 41(1) Upon learning of the existence of any of the grounds referred to in Article 40paragraph 1 items 1) to 5) of this Code, a judge or lay judge is required to immediatelysuspend all work on the case and notify thereof the president of the court, who willassign a substitute. Where the recusal of the president of a court is concerned, he will bereplaced by the judge of the court with the longest seniority in that court, and where thatis not possible, a substitute shall be designated by the president of the immediatelyhigher court.(2) Where a judge or lay judge deems that there exist other circumstances justifying hisrecusal (Article 40 paragraph 1 item 6), he shall notify the president of the court thereof.Article 42(1) Recusal may be sought by the defence counsel and the parties.(2) Motions to recuse a judge or lay judge may be filed by the parties or the defencecounsel prior to the commencement of the trial, and where they learn of grounds forrecusal at a later date, such motions shall be filed immediately upon becoming aware ofthose grounds.(3) Motions to recuse a president of the court on the grounds referred to in Article 40paragraph 1 item 6 may be filed by defence counsel and parties no later than five daysfrom receiving summons for the trial.(4) Motions to recuse judges of higher courts may be filed by parties and defencecounsel in appeals and in responses to appeals.(5) The parties and defence counsel may seek the recusal only of a specific judge or layjudge involved in the proceedings.(6) The parties and defence counsel are required to substantiate in their motion thecircumstances which led them to believe in the existence of any of the grounds forrecusal provided by law. Grounds listed in earlier recusal motions which were deniedmay not be specified again in new recusal motions.Article 43