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

Article 152: Discretionary Suspension

1Where the Council is satisfied that the continuation of the charged magistrate in office may be prejudicial to the criminal or disciplinary investigation, or it prevents the fair and regular conclusion of the criminal or disciplinary investigation, or seriously discredits the figure of the magistrate, the Council may suspend a magistrate from duty if:

aa criminal investigation is initiated against the magistrate;

bhe/she is qualified as a defendant, for a crime committed by negligence;

cdisciplinary investigations or proceedings for disciplinary misconduct have been initiated.

2Where the Council is satisfied, based on sufficient evidence, in accordance with the provisions of Article 67 of this Law, that the magistrate cannot temporarily hold office due to the mental or physical health reasons, it may suspend the magistrate from office.

3Where the mandatory suspension ends, the Council may decide the suspension of the magistrate in accordance with this law.

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