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

Article 131: Requirements relating to conducting interviews

1In case where the High Justice Inspector deems that interviewing the magistrate, witnesses or other persons is necessary for the investigation, he/she shall notify them on the time and location of the interview.

2The High Justice Inspector has a duty to ensure that the interview hearing is audio-recorded in accordance with the following procedure:

athe person interviewed shall be informed, that the interview is to be audio-recorded;

bthe recording must include the personal data of the persons who shall be interviewed;

cin the event of an interruption in the course of the interview, the fact and the time of the interruption shall be recorded before the audio-recording ends as well as the time of resumption of the interview;

çat the conclusion of the hearing, the interviewed person may clarify anything he/she has said and add anything he/she may wish. At the request of the interviewed person, the recording shall be played back and corrections and explanations relating to previous statements of that person shall be recorded. The time of completion of the interview shall be recorded at the end of the interview process.

3The audio-recording of the interview process shall be summarized in the minutes and may be transcribed. The magistrate shall sign the minutes of the interview process and the transcript of the audio-recording, if it has been made possible.

4The audio-recording, its transcript, if available, as well as the minutes of the interview process shall be part of the file.

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