1For the purpose of the ethical and professional performance evaluation of the magistrate not more than 21 cases that have been finalized by the magistrate during the evaluation period are selected in total by lot. 15 files are selected for overall assessment, out of which five files for each calendar year of the evaluation period in case of an evaluation period of three years and three files for each calendar year of the evaluation period in case of an evaluation period of five years. The remainder of the files shall be selected referring to the criterion of exceeding deadlines, out of which 5% but not more than six cases in total out of the total number of the cases decided beyond the standard time limits. Where a magistrate was absent from duty for a period exceeding six months, the number of selected files shall be reduced accordingly.

2The reporting member shall identify the chamber and section where the magistrate has performed the duties during the evaluation period, and, depending on the number of the cases for each category, he shall designate the number of the cases to be selected for each of them proportionally.

3The lot involves all cases of the magistrate in which the magistrate has been reporting judge in the adjudication panel or acting prosecutor, including the cases in which the magistrate has been temporarily transferred to another court or prosecution office or exercised the duty in another position. In case of a prosecutor at least half of the selected cases shall refer to cases which involve pre-trial detention and one appeal.

4The number of the cases selected by lot and concluded by a procedural decision should not exceed 10% of the total number of the selected cases. In case of prosecutors the selected cases shall represent equally decisions on the termination of proceedings and decisions on the release after a pre-trial detention. The selected cases selected in excess of this limit shall not be taken into consideration and the lot shall continue to select the cases of other types.

5The number of the non-contentious judicial cases adjudicated by the judge selected by lot should not exceed 20% of the total number of the selected cases. The judicial cases selected in excess of this limit, shall not be taken into consideration and the lot will continue to select the cases of other categories.

6The selection of cases by lot shall be carried out after the commencement of the evaluation procedure of the magistrate and, apart from the other actions, it shall be an integral part of this procedure.

7The lot shall be conducted upon the order and supervised by a representative of the Council in compliance with the provisions of this Article. The lot, which takes place in the court or prosecution office where the magistrate performs his/her duties, shall be carried out electronically by the judicial administration.

8The chairperson and chancellor shall make arrangements to provide the necessary facilities to the responsible official in performing the tasks.