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

Article 73: Prosecutorial Capacity

1The evaluation of the professional skills of the prosecutor shall encompass the legal knowledge and legal reasoning.

2The aspect of the legal knowledge will be assessed with regard to the prosecutors’ ability to investigate, to represent the case in a trial, based on such indicators like the overall capacity to logically build up the investigation, according to the legal requirements, to collect the legally required evidence, to interpret the law and the capacity to analyse the case law.

3The aspect of legal reasoning the prosecutors in rendering investigatory decisions and actions will be assessed, against indicators like the clearness, comprehensiveness of the prosecutorial acts, a consistent and developed structure of the prosecutorial acts, the ability to interrogate and the quality of the analysis and the logical argumentation.

4The evaluator will assess the professional skills of the prosecutor without judging over the correctness and the merits of the case or substituting the interpretation or the logic of the evaluated prosecutor.

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