"ON THE STATUS OF JUDGES AND PROSECUTORS IN THE REPUBLIC OF ALBANIA "   |   96/2016

Article 104: Disciplinary misconduct due to the committing a Criminal Offence

1Disciplinary misconducts due to commission of a criminal offence, are:

afacts established by a court for which the magistrate has been convicted by a final decision for the commission of a criminal offence committed intentionally, for which the law provides for imprisonment or a fine;

bfacts established by a court for which the magistrate has been convicted by a final decision with imprisonment for commission of a criminal offence due to negligence;

cfacts established by a court for which the magistrate has been convicted by a court by a final decision for committing a criminal offence other than those provided in letters a) and b) of this Article, if the very nature of the criminal fact seriously discredits the image, authority, dignity or erodes seriously the public confidence with the magistrate and the justice bodies;

çfacts established by a competent body by final decision, which by their nature, seriously discredits the image, authority, dignity or erodes seriously public confidence with the magistrate and the justice bodies, which constitute a criminal offence despite the fact that the criminal offence is expunged, criminal prosecution cannot be instituted or cannot continue, or the magistrate is rehabilitated or has benefited from the pardon and amnesty.

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