"ON GOVERNANCE INSTITUTIONS OF THE JUSTICE SYSTEM "   |   115/2016

Article 208: Investigation of disciplinary misconduct

1The Assembly investigates alleged disciplinary misconduct of the High Justice Inspector based on the rules and procedures stipulated in the Law “On the Organization and Functioning of the Parliamentary Inquiry Committee” and in the Rules of Procedure of the Assembly;

2The limitation period for initiating an investigation of disciplinary misconducts of the High Justice Inspector is 5 years from the time of committing the misconduct. After the initiation of the investigation, the period shall not lapse any more. The statute of limitation is interrupted if the High Justice Inspector commits another misconduct of the same nature within this time period. In this case, the limitation period is calculated starting from the moment of completion of the new misconduct. If the disciplinary misconduct also constitutes a criminal offence, the limitation period to criminal offences shall apply under the provisions of the Criminal Code, provided that the statute of limitation set out in the Criminal Code is longer than 5 years.

3Disciplinary proceedings shall be suspended, if for the same facts committed by the same persons, a criminal, civil or administrative proceeding has been initiated, until the end of the proceedings. The decision on the suspension may not be appealed against. During the suspension period, no disciplinary procedural action may be taken. After the disappearance of the cause of the suspension, a disciplinary proceeding shall start from the procedural action that was taking place at the time of suspension. The Assembly, when investigating disciplinary misconduct, shall consider the facts established by the final decision of the court. A final decision of the court in favour of the High Inspector shall not impede the continuation of disciplinary proceedings by the Assembly.

4At the end of the parliamentary inquiry, the Parliamentary Investigative Committee shall decide to close the disciplinary proceedings, if there is adequate evidence to prove the disciplinary misconduct, the case has been the subject-matter of a previous disciplinary proceedings closed by final decision, the case is lapsed, and the High Justice Inspector is not in office or it shall request the Constitutional Court to dismiss the High Justice Inspector. The Constitutional Court decides under the law on the Constitutional Court.

5The High Justice Inspector shall be suspended from office by decision of the Constitutional Court in the cases foreseen in article 147/e/4 of the Constitution.

Table of Content

    • No Comment
    • No Comment
    • No Comment
    • No Comment
    • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment
  • No Comment