The recall of a case file or the transfer of a case file under the responsibility of any judicial quorum shall be made by the President of the Supreme Court of Justice, the President of the Court of Appeal, the President of a Regional Court of Appeal, the chief judge of a court of first instance, or the presiding judge of a court only in an event which may affect the fairness of the trial and adjudication of cases in his court and when the Vice President of the Supreme Court of Justice, Vice President of the Court of Appeal, Vice President of the Regional Court of Appeal, deputy chief judge of the court of first instance, or judge of the provincial court or municipal court who, as the case may be, is the most senior officer in such court and has not participated in the constitution of the quorum in charge of the said case file, submits the opinion that this should be done.[33.a]
In the event that the Vice President of the Supreme Court of Justice, Vice President of the Court of Appeal, Vice President of the Regional Court of Appeal, deputy chief judge of the court of first instance, or judge of the provincial court or municipal court who, as the case may be, is the most senior officer in such court is unable to carry out his official service or has participated in the constitution of the quorum in charge of the case file to be recalled or transferred, the Vice President of the Supreme Court of Justice, Vice President of the Court of Appeal, Vice President of the Regional Court of Appeal, deputy chief judge of the court of first instance, or judge of the provincial court or municipal court who is next in line of seniority shall have the power to submit the opinion in his place. In the event that there is only one Vice President of the Supreme Court of Justice, Vice President of the Court of Appeal, Vice President of the Regional Court of Appeal, or deputy chief judge of the court of first instance, or there are several officers but all of them are unable to carry out official service or have participated in the constitution of the quorum in charge of the case file to be recalled or transferred, the most senior judge of that court shall then be the person who has the power to submit the opinion.[33.b]
No senior judge[8.1] or junior judge[8.2] has the power to submit the opinion according to paragraph 1 or paragraph 2.
In the event that there is a large number of cases pending before a judge-rapporteur or judicial quorum, which would cause the trial and adjudication of cases in the court to be delayed, and the judge-rapporteur or judicial quorum seeks the permission to return a case file under his or its responsibility, the President of the Supreme Court of Justice, President of the Court of Appeal, President of the Regional Court of Appeal, chief judge of the court of first instance, or presiding judge of the court, as the case may be, shall have the power to accept the return of the said case file and transfer it into the responsibility of another judge or judicial quorum in his court instead.
