Question juridique clé
Whether the prosecutor had to be recused for an appearance of bias under Art. 56 let. f CPP and constitutional/ECHR impartiality guarantees.
Solution extraite
The objective circumstances did not suffice to create a legitimate doubt as to the prosecutor’s impartiality.
Motifs extraits
Shared former office space with the complainant’s former lawyer, without proof of participation in or knowledge of the earlier case, and a three-year gap between the two proceedings, did not create an objective appearance of prevention. The alleged media attention and the measures taken in the investigation were not enough either; procedural errors must be particularly serious or repeated to justify recusal.