ON THE ORGANIZATION AND FUNCTIONING OF INSTITUTIONS FOR COMBATING CORRUPTION AND ORGANIZED CRIME   |   95/2016

Article 57: Transitional provisions

1Transitional provisions for the judges of the Serious Crimes Court at First Instance and Appeal shall be provided by respective provisions of the Law on “the Status of Judges and Prosecutors in the Republic of Albania”.

2Transitional provisions for the Prosecutors of the Serious Crimes Prosecution Office shall be provided by respective provisions of the Law on “the Status of Judges and Prosecutors in the Republic of Albania”.

3The Anti-Corruption and Organized Crime Courts and Special Prosecution Office shall be located at the building of the current Serious Crimes Court and Prosecution Office.

4After four months from the entry into force of this law, an appropriate location shall be secured and furnished for the National Bureau of Investigation.

5Until the start of operation of the Special Prosecution, its power to conduct criminal prosecution and represent the prosecution party in court for criminal offenses or subjects specified in paragraph 2 of Article 135 of the Constitution, is exercised respectively by the General Prosecution Office, District Prosecution Offices, or the Serious Crimes Prosecution Office according to the competences and jurisdiction provided by the legislation in power before the entry into force of law no. 76/2016 "On some additions and amendments to Law no. 8417, dated 10.21.1998, "The Constitution of the Republic of Albania", as amended”. The day the Special Prosecution Office starts functioning, the cases under investigation or trial, are immediately transferred for prosecution to this office.

6"In order to respect the right of the defendant for a due process of law, cases that will be on trial before the Serious Crimes Courts at day 300 after the entry into force of this law, shall remain under the primary jurisdiction of the Corruption and Organized Crime Courts, even if they do not fall within the primary or secondary competence of the Anti-Corruption and Organized Crime Courts, in accordance with this law. These cases shall be prosecuted by the Special Prosecution. "

7On midnight of the 300th day after entry into force of this law, the competence in Articles 8 and 9 of this law shall vest in the Anti-Corruption and Organized Crime Courts and the Special Prosecution Office.

8The Law No. 9110, dated 24.07.2003, “On the Organization and Functioning of the Courts for Serious Crimes”, shall be repealed at Midnight of the 300th day after the entry into force of this law.

9A Commission comprised of criminal justice experts nominated by the missions of the European Union and the United States of America in Albania will provide expert guidance and advice on the implementation and development of the National Bureau of Investigation for two years following the establishment of the National Bureau of Investigation. This Commission shall actively monitor the process of recruitment and training of National Bureau of Investigation employees, and approve the training curriculum for Investigators and the Director of the National Bureau of Investigation.

10The Special Anti-Corruption and Organized Crime Structure shall have an initial budget established by Council of Minister's decision and approved by a special budgetary law. All subsequent budgets shall be established in accordance with article 56 of this law.

11Exceptionally to the rule provided in paragraph 6 of Article 6 and paragraph 2 of Article 12 of this law, for a period of 4 years from the entry into force of this law, candidates for judges in the Anti-Corruption and Organized Crime Courts or prosecutors of the Special Prosecution Office, and their close family members, shall be screened by the Independent Qualification Commission, in accordance to Article 179/b of the Constitution and the Law “on The Transitional Re-Evaluation Of Judges And Prosecutors In The Republic Of Albania”. A judge or prosecutor who has passed successfully this process of re-evaluation, is considered to meet the security requirement in paragraph “a” of paragraph 1 of Article 6 of this law. Only after successfully passing the re-evaluation process, by final decision, they may be eligible to be promoted as judges of the Anti-Corruption and Organized Crime Courts or prosecutors of the Special Prosecution Office.

12Exceptionally to the rule laid down in paragraph 5 of Article 6, for a period of 2 years from the entry into force of this law, the role of the ad hoc committee in the background and assets evaluation for candidates for judicial civil servants of the Anti-Corruption and Organized Crime Courts, a personnel of the Special Prosecution Office, or director and investigator of the National Bureau of Investigation, as well as their close family members, is conducted by the Ad Hoc Committee consisting of:

aTwo prosecutors of the Special Prosecution Office, selected by lot. The selection by lot shall be monitored by the Ombudsperson; and

bA judge of the Anti-Corruption and Organized Crime Courts, selected by lot. The selection by lot shall be monitored by the Ombudsperson.

13The Ad Hoc Committee established according to paragraph 12 of this article carries out its activity on the basis of paragraph 6 of Article 6, and Article 7 of this law.

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