"ON THE ORGANISATION OF THE JUDICIAL POWER IN THE REPUBLIC OF ALBANIA "   |   98/2016

Article 70: Statute of Limitations

1No investigation regarding a misconduct shall be initiated against the judicial civil servant upon a lapse of time of two years from the date on which the alleged misconduct occurred.

2The limitation period shall start to run at the time of termination of misconduct.

3The limitation period is interrupted, if there is a reasonable basis to believe that the judicial civil servant may have engaged in another misconduct of the same nature committed within the statute of limitation. In this case, the limitation period shall start at the time of completion of the new misconduct. In any case, the statute of limitation shall not be extended more than one year.

4Notwithstanding paragraphs 1, 2 and 3 of this Article, misconducts which are simultaneously criminal offences, have the same limitation period as set out in the Criminal Code.

5The lapse of time is suspended during the time of a criminal procedure, a civil procedure or an administrative procedure regarding the same judicial civil servant, if the same misconduct is the subject of those procedures.

6Upon initiation of the investigation, the limitation period shall not lapse any more. The investigation is initiated, in the sense of this Article, at the date of the receipt of the complaint or of the receipt of the information, justifying the opening of an ex-officio investigation by the high investigating body.

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