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

Article 116: Measures for Avoiding Delays

1In case of declaration in absentia, as well as disciplinary proceedings in absentia of the magistrate, there will for the magistrate or his/her representative be applying, to the extent possible, the rules of procedure provided for by the Criminal Procedure Code.

2If the magistrate, his/her representative, the witness, the expert or the interpreter offend the dignity of the High Justice Inspector or the Council, or act in a way that obviously aims at delaying the proceedings, the competent authority shall warn the magistrate and instruct on the consequences of such a conduct. If the behaviour is continued as above, the competent authority shall sanction the concerned person with a fine up to 100.000 ALL. The repetition of the behaviour is ground for the repetition of the fine and, when appropriate, for opening a disciplinary or criminal investigation.

3The order for imposing a fine constitutes an executive title. The bailiff’s office is in charge of executing the respective decision.

4The order can be appealed within 24 hours upon notification of the decision. The appeal is examined by the Council, in case of a fine imposed by the High Justice Inspector, and by the competent court, in case of a fine imposed by the Council.

5The High Justice Inspector or the Council shall notify the National Chamber of Advocates, or the respective institution or entity for the experts and interpreters on the decision imposing the fine.

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