In today’s meeting, the High Prosecutorial Council did not accept the request of the High Inspector of Justice for disciplinary proceedings against Magistrate A.P., who is a prosecutor in the Prosecution Office at the Court of First Instance of General Jurisdiction Berat.
The disciplinary investigation by HIJ had started after the administration by the Prosecutor General, of the practice of disciplinary investigation for the prosecutor A.P., for some facts, related to violations of the rules of conduct in communication with the head of the prosecution office, other fellow magistrates, as well as the staff of administration of the Prosecutor’s Office of the Judicial District of Berat, for which the High Prosecutorial Council was informed, for unethical and unprofessional behavior by the prosecutor during the exercise of the duty.
The disciplinary investigation has concluded that the violation is categorized as a “minor disciplinary violation”, as it does not result in any consequence, is not related to the professional activity of the magistrate, but is of such a nature that the magistrate must bear disciplinary responsibility.
In addition to the protection of the public interest, the disciplinary measure fulfills two preventive purposes: special prevention, in the sense that the magistrate does not commit disciplinary violations in the future; and general deterrence, in the sense that other magistrates understand that inappropriate behavior should not be carried out, as it is punishable by disciplinary measure.
The HPC rejected the HIJ’s proposal for the assignment of the disciplinary measure “Confidential Remark”, for the prosecutor A.P., provided for by Article 106 of Law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, amended.