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

Article 76: Suspension of Investigations and Disciplinary Proceedings

1The competent authority, in the sense of this Law, shall suspend the investigation or the disciplinary proceeding if any criminal, administrative or civil proceeding is pending, in which:

aOne of the parties is the reported judicial civil servant;

bThe alleged misconduct relates to the same facts.

2The investigation or the disciplinary proceeding shall be suspended pending final court decision.

3The complainant, the concerned judicial civil servant, courts and prosecution offices shall be notified in writing on the decision of suspension. The concerned courts and prosecution offices shall submit without delay any decision taken in respective proceedings.

4The final decision of acquittal or of quashing the inquiry against the judicial civil servant in the context of criminal, administrative or civil proceedings does not preclude the investigation or the establishment of disciplinary liability of the judicial civil servant.

5The competent authority shall be bound only to the facts established by the final decision and not by the sanction or acquittal foreseen in the decision.

6The suspension of investigations or disciplinary proceedings shall interrupt the limitation periods set out in Article 70 and the time limits for the competent authority as set out in Article 71 of this Law.

7The decision on suspension shall not be appealable.

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