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

Article 117: Statute of Limitation

1The statute of limitation for disciplinary misconducts is five years. If a complaint, under Article 119 of this Law, is submitted 5 years after the time when the alleged misconduct has occurred, the High Justice Inspector shall not verify the complaint due to the statute of limitation. If the High Justice Inspector receives information under Article 124 of this Law, 5 years after the time when the alleged misconduct has occurred, he or she shall not start investigations, due to the statute of limitation.

2The limitation period shall start at the time the alleged misconduct has occurred.

3The limitation period is extended up to one year, if the magistrate commits another misconduct of the same nature within the limitation period.

4Notwithstanding provisions of paragraph 1 and 3 of this Article, the statute of limitation for disciplinary misconducts, which simultaneously constitute criminal offences, shall be calculated according to the provisions of the Criminal Code, provided that the statute of limitation in that Code is longer than 5 years.

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