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

Article 123: Decision to Open the Investigation based on a Complaint

1The High Justice Inspector shall open the investigation if there are reasonable doubts that the misconduct might have occurred based on the facts and evidence collected which justify the opening of the investigation.

2The High Justice Inspector shall issue a decision on the opening of investigations, regardless a pending court or administrative proceeding relating to the same facts.

3The reasoned decision to open the investigation shall be notified to the complainant, the magistrate and the Council. The decision shall state at least:

anames of inspectors tasked with the investigation,

bscope of the investigation by referring to the alleged misconduct,

cpresentation of alleged facts and circumstances,

çcollected evidence,

drelevant time periods for the investigation; and

dhpresentation of the magistrate’s rights during the disciplinary investigation, as well as the right of the magistrate and the complainant to submit statements and supporting documents within three weeks upon the receipt of the decision.

4Where a misconduct consists of a behaviour or repetitive acts, the scope of the investigation in the sense of paragraph 3 letter b) of this Article shall encompass the magistrate’s conduct in other cases in regard to the same issue within a limited time as determined in the decision to open the investigation, in order to verify whether such behaviour or repetition have been found out.

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