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

Article 126: Suspension of Investigations

1The High Justice Inspector shall decide on suspending the disciplinary investigation if a criminal investigation or criminal, administrative or civil judicial proceedings is pending.

ain which, one of the parties is the magistrate;

bthe alleged misconduct relates to the same facts which shall be established by the decision.

2The investigation will be suspended until the competent body issues the final decision.

3The complainant, the magistrate, the court, the prosecution office and the Council shall be notified in writing on the decision of suspension. The concerned court, prosecution office or other bodies shall submit the High Justice Inspector, without delay, any decision taken during the investigation and the respective proceeding.

4The High Justice Inspector shall be bound only to the facts established by the final decision of the court. A final decision of the court in favour of the magistrate does not impede the investigation by the High Justice Inspector in order to determine the disciplinary liability of the magistrate.

5The suspension of the investigation interrupts the statute of limitations for the High Justice Inspector which is set out in Article 117 of this Law.

6The decision on the suspension of investigation shall not be appealable.

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