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

Article 132: Requirements relating to Collection of Evidence from other Institutions

1Any public body, natural or legal persons shall comply with requests of the High Justice Inspector to obtain information, documents, or other evidence relating to an investigation within reasonable time limits set out by the inspector in his request, except making them available is restricted by law.

2If there is a substantial and specific need, during the disciplinary investigation of the magistrate, to obtain documents, information, phone records or other evidence, protected by a safeguard of confidentiality or personal data protection, the High Justice Inspector may request the special court for the adjudication of criminal offences of corruption and organised crime, to issue an order to disclose the requested information on the magistrate.

3The request shall contain the existence of reasonable grounds to believe that the magistrate had committed the misconduct and that the requested information is essential for determining whether the misconduct occurred.

4The High Justice Inspector shall repeat the request, if the person or the entity to whom the request is addressed, fail to comply with it within the set time limit by informing, in case of a legal entity, the head of the entity, too. In cases where the person or the entity to whom the request is addressed fails to fulfil the repeated request within the set time limit, the High Justice Inspector may impose a fine up to ALL 100,000 and notify the responsible disciplinary body.

5The order for imposing a fine constitutes an executive title. The bailiff’s office shall be tasked to execute the respective order.

6An appeal may be filed against the decision with the respective Council within 24 hours upon being notified.

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