HPC REFUSES HIJ REQUEST FOR DISCIPLINARY MEASURES AGAINST MAGISTRATE SH.M.

The proposal of the High Inspector of Justice (HIJ) for disciplinary measures against magistrate Sh.M., prosecutor at the Prosecution Office attached to the Court of First Instance of General Jurisdiction Shkodër, was not accepted by the High Prosecutorial Council (HPC) in today’s hearing.

The disciplinary investigation of the HIJ against prosecutor Sh.M. was initiated due to the complaint of the Prosecutor General based on the complaint of a staff member of Shkodër prosecution office, about a serious violation conducted by the magistrate, of the rules of solemnity, rules of conduct in relations with litigant parties, and is related to the finding of some facts during December 2020, related to the violation of the rules of conduct with the personnel of the Prosecution administration attached to the Court of First Instance Shkodër.

The disciplinary investigation of the HIJ Inspectors concluded that the magistrate violated the rules of conduct regarding the personnel of the prosecution administration, but it can be categorized as a minor disciplinary violation, since the consequences of the violation have been reduced, also due to the normalization of the mutual relationship.

In the conditions where the purpose of the disciplinary measure is also the preventive effect, so that the magistrate does not commit any more disciplinary violations in the future, and that other magistrates understand that an inappropriate behavior should not be carried out, as it is punishable by a disciplinary measure, the HIJ proposed to the HPC the disciplinary measure “Confidential remark” against prosecutor Sh.M., a request that was rejected by the High Prosecutorial Council.