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

Article 134: Closure of the Investigation

1The High Justice Inspector shall close the investigation if it is established that the allegations are unfounded or the collected evidence and the overall result of the investigation lead to the conclusion that:

athe evidence is insufficient to prove that the disciplinary misconduct has occurred;

bthe case has already been subject to a previous investigation that has been closed or adjudicated by a final decision in a disciplinary proceeding;

cthe case has been barred already at the time of opening the investigation, due to the lapse of limited period;

çthe magistrate’s appointment was terminated based on the criteria set out in letters “b” to “ç”, paragraph 1, Article 64 of this Law or he/she does not assume his/her function on permanent basis, under the provisions of Article 67 of this Law;

dthe magistrate has died.

2The High Justice Inspector shall notify the decision to the concerned magistrate or his/her representative, to the complainant and the Council. The decision shall state the reasons for closing the investigation as set out in paragraph 1 of this Article. The decision shall state the rights of the complainant to appeal this decision to the respective Council. The complainant has the right to appeal the decision to the Council within one week upon receipt of the reasoned decision.

3In cases where the magistrate has retired, the High Justice Inspector shall issue a final report consisting of a summary of allegations on the disciplinary misconduct, the evidence collected and the conclusions. The report shall close the investigation procedure and shall be notified to the parties and the respective Council.

4Facts revealed during the investigation, which do not justify the initiation of a disciplinary proceeding, but may be relevant for the ethical and professional performance evaluation, must be submitted to the Council for further consideration.

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