Kernrechtsfrage
Whether judges C. and B. had to recuse themselves under § 41 Abs. 1 Ziff. 5 aGOG/ZG because they previously participated in the same criminal case.
Extrahierter Entscheid
No. Prior participation as judges of the same court does not fall under that provision; it concerns prior action in a different function or lower instance.
Extrahierte Begründung
The statute covers earlier involvement as lower-court judge, witness, expert, adviser, prosecutor, etc. Prior participation in a previous decision of the same instance is not enough and does not by itself create a statutory recusal ground.