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

Article 138: Initiation of Disciplinary Procedure

1Where there are reasonable grounds to believe that a magistrate has committed a misconduct, High Justice Inspector shall initiate the disciplinary proceeding by submitting the investigation report together with the investigation file.

2The Council:

ashall determine a date for a hearing, which must be not later than one month after the date of receipt of the file from the High Justice Inspector,

bgive all parties at least 15 days’ notice of the hearing.

3The period in paragraph 2 letter a) of this Article may be extended up to 2 months, if the Council is satisfied that there are important reasons, which it must make public.

4The Council must:

aconsider all factors relevant to the case,

bobtain additional evidence, including summoning witnesses,

cwhere it considers it appropriate, engage experts or request the High Justice Inspector to engage experts.

5The Council may request the High Justice Inspector to carry out further investigation by specifying the missing elements and the time period. The High Justice Inspector shall carry out the investigations as requested by the Council.

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