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

Article 151: Mandatory Suspension

1A magistrate shall be suspended from office upon the decision of the Council, if:

athe personal security measure of ‘arrest in prison’ or ‘home arrest’ is imposed in connection with the commission of a criminal offence;

bhe or she assumes the capacity of the defendant in cases of serious crimes committed with intention.

2The suspension under paragraph 1 of this Article shall last:

aduring the period of pre-trial detention or home arrest, in case of paragraph 1 letter a) of this Article;

buntil the termination of criminal proceedings or rendering a final judicial decision, in cases of paragraph 1 letter b) of this Article.

3The chairpersons of the courts and prosecution offices who issue the respective decisions are obligated to notify the Council on facts as referred to in paragraph 1 of this Article. The Councils shall immediately after taking the information from a prosecution office or a court decide, by operation of law, on the suspension of the magistrate.

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