HPC PARTIALLY ACCEPTS HIJ’S REQUEST FOR A DISCIPLINARY MEASURE AGAINST PROSECUTOR A.B.

The High Prosecutorial Council partially accepted the request of the High Inspector of Justice for a disciplinary proceeding against the magistrate A.B., with the duty of prosecutor in the Prosecution office at the Court of First Instance of the General Jurisdiction Shkodër, for unjustified delay in issuing the execution order for the final verdict form of criminal law.

The High Inspector of Justice has conducted a disciplinary investigation at the initiative of a complainant, who addressed the HIJ with a complaint to the magistrate, for a delay of over 3 years in issuing the order for the execution of the criminal verdict for the complainant.

From the disciplinary investigation conducted by the High Inspector of Justice, it was found that the magistrate subject to the disciplinary investigation, as the prosecutor in charge of the office of execution of criminal verdicts, has unjustifiably delayed, for a period of 3 years and 9 months, the issuance of a procedural act in violation of legal provisions articles 462-466 ​​of the Code of Criminal Procedure and article 49/1 of law no. 8331, dated 21.4.1998, “On the execution of criminal verdicts” as amended.

From the disciplinary investigation, it was concluded that the actions/inactions of the magistrate constitute disciplinary a violation, which harm the image of the magistrate and the trust of the public in justice. The High Inspector of Justice proposed to the High Prosecutorial Council that prosecutor A.B. be assigned the disciplinary measure “Temporary salary reduction of up to 40% for a period of up to 1 year”, provided by Article 108 of Law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, amended, for the disciplinary violation provided for by article 102, point 1, letter “d” of law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, as amended.

The High Prosecutorial Council partially accepted the request, putting “public remark” as a disciplinary measure against the prosecutor.