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

Article 118: Limitations for the Proceedings before the High Justice Inspector

1The High Justice Inspector shall decide on the archiving of a complaint or opening of an investigation on an alleged misconduct within three months upon the receipt of the complaint.

2The High Justice Inspector, within six months following the day of making the decision on the opening of an investigation, shall initiate the disciplinary proceeding by submitting the investigation report to the competent Council or shall issue a decision on the closure of the investigation.

3The High Justice Inspector may extend the investigation period as set out in paragraph 2 of this Article for another three months in complex cases, or reasons of widening or changing the scope of the investigation or in case of illness or non-availability of the magistrate.

4In case new evidence becomes available after the lapse of time set out in paragraph 2 or 3 of this Article, which provide new evidence, based thereon there is reasonable ground to believe that a misconduct may have occurred, the High Justice Inspector shall reopen the investigation, provided that the time limit as set out in paragraph 1 and 4 of Article 117 of this Law has not lapsed.

5If the High Justice Inspector does not comply with the time limits set out in paragraph 1 to 4 of this Article, the magistrate shall be entitled to appeal the administrative omission to the relevant Council.

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