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

Article 71: Time Limits to Open an Investigation

1The competent authority for proposing disciplinary measures shall decide on the archiving of a complaint or opening of an investigation on an alleged misconduct, within six months upon the receipt of the complaint or upon the receipt of information or substantial facts.

2The competent authority shall submit a proposal to the authority competent for imposing the disciplinary measure or shall issue a decision on the closure of the investigation, within six months upon the decision on opening the investigation.

3The competent authority for proposing disciplinary measures may decide to extend the six-month investigation period as set out in paragraph 2 of this Article to further six months in the following cases:

aIllness or non-availability of the judicial civil servant;

bWhen determining the expansion of the investigation or when changing the legal cause of the investigation;

cIn other complex cases.

4In cases where new evidence becomes available after the lapse of time set out in paragraph 2 or 3 of this Article, which leads to the conclusion that there is a reasonable basis to believe that a misconduct may have occurred, the competent authority shall reopen the investigation, provided that the statute of limitation as set out in Article 70 paragraph 1 and 4 of this Law did not lapse. The competent authority shall submit a proposal to impose a disciplinary measure or issue a decision on the closure of the investigation, within six months upon the decision on reopening an investigation.

5In cases where the competent authority does not comply with the time periods set out in paragraphs 2 to 4 of this Article, the judicial civil servant shall have the right to appeal the administrative omission to the High Judicial Council.

6The time periods set forth in paragraphs 1 and 2 of this Article may be suspended in accordance with Article 76 of this Law.

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