1A disciplinary misconduct occurs when a magistrate:

aacts negligently in the performance of a professional duty stemming from the function, as determined in paragraph 2 of this Article,

bdisregards the law or facts manifestly caused by inexcusable gross negligence, as determined based on the indicators of paragraph 2 of this Article, or malice or is blatantly professionally incompetent,

cin any other instance, where he inexcusably commits inappropriate acts or behaviour during the exercise of duty or outside duty, which discredit the position and image of the magistrate, or harms seriously the public's trust in the judicial or prosecution system.

2A magistrate’s negligence in the performance of a professional duty is to be considered as disciplinary misconduct only, if the errors in the delivery of the service are clearly beyond what can normally be expected from an average magistrate. For the delimitation between performance issues on one hand and disciplinary misconduct of the magistrate on the other, the following factors shall be in particular taken into consideration:

adegree of negligence,

bfrequency of error,

cposition of the magistrate within the system,

çwhether the law area in which he/she is operating is considered to be highly complex, new or not yet determined properly by judicial or prosecutorial case law,

dthe probability of the emergence of damage and the intensity of consequences resulting possibly from the conduct, as well as

dhany situation that is outside of the magistrate’s control and which may be reasonably explained by the malfunctioning of the judicial or prosecutorial system as a whole.

3For the purposes of implementing this Article, misconducts may occur through action or omission. A magistrate who commits disciplinary misconducts in particular in the cases provided for in Articles 102 to 104 of this Law shall be disciplinary liable under this law.