1The scope of the investigation shall clearly determine the elements of the alleged misconduct in accordance with the decision on opening the investigation under provisions of Article 123 of this Law.
2The High Justice Inspector shall summon witnesses and collect data, documents and evidence from the court, prosecution office, other state bodies, organizations, witnesses and/or the magistrate and shall undertake other actions as necessary to investigate and determine whether the alleged misconduct has occurred.
3Where the alleged misconduct relates to a matter pending at a court or prosecution office, the investigation must be such as not to affect the independence of the magistrate in the adjudication and investigation of this matter, and not be perceived as interference. In such a case, the High Justice Inspector shall:
asuspend the investigation in accordance with the cases provided for in Article 126 of this Law;
bproceed with the investigation if the alleged misconduct refers to facts which are not subject to facts that shall be established by the criminal investigation or criminal, administrative or civil proceeding.
EN