The High Prosecutorial Council has decided to partially accept the request of the High Inspector of Justice for disciplinary proceedings against magistrate K.Ll., by imposing the measure “Temporary salary reduction of 20% for a period of 3 months”, despite the proposal of the HIJ for “Temporary salary reduction of 40% for a period of 1 year”, while fully accepting the proposal of the HIJ for the measure “Dismissal from the office of the chairman”.
The High Inspector of Justice initiated a disciplinary investigation against magistrate K. LL, in his capacity as Head of the Prosecutor’s Office at the Court of First Instance of General Jurisdiction Saranda, based on 6 complaints from a prosecutor in the same institution, for actions and conduct that constitute disciplinary violations by the above mentioned magistrate.
The disciplinary investigation conducted by the HIJ, concluded that the actions and inactions of Mr. Ll. constitute a failure to fulfill, in his capacity as head of the office, the obligations set forth in the law, in particular, the duties related to the case management system. The investigation found repeated violations of the rules of conduct in relations with other magistrates. The violation disciplinary action noted in the report, was committed with direct intent and there is a risk that its negative impact will extend to the prosecution office as a whole, constituting a risk of recurrence of events that reduce the integrity of the prosecution office.
The disciplinary measure “Public reprimand” has been imposed to the magistrate for a previous violation by the HPC , on 30.01.2025, for actions and inactions that constitute unjustified failure to fulfill functions during the investigation, leading to unjustified delays in procedural acts, and not fulfilling the duties assigned by the courts, leaving the investigative file without action for a period of over 2 years.
During the submissions before the HPC, HIJ noted that at the time of filing the request for the initiation of disciplinary proceedings, prosecutor K.Ll. was exercising the same duty as at the time of the alleged violation. He currently does not exercise his duties either as Head of the Prosecution office or as a prosecutor, because the Special Court for Corruption and Organized Crime has imposed the personal security measure “Suspension of exercising a public duty or service” on this magistrate, as a suspect for the criminal offense of “Passive corruption of judges, prosecutors and other justice officials” provided for by article 319/ç of the Criminal Code.
In conclusion, the HIJ proposed to the HPC the imposition of the disciplinary measure “Temporary salary reduction of 40% for a period of 1 year” on magistrate K. Ll, for the disciplinary violation provided for by article 102, point 1 letter “l”, as well as article 102, point 2, letter “dh”, of Law No. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, as amended, as well as a measure of additional disciplinary measure “Dissmi from the office as the chairman”, provided for by article 108 and article 112, point 2, letter “b” of law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, as amended. The first request was partially accepted by the High Prosecutorial Council, which set the measure “Temporary salary reduction of 20% for a period of 3 months” and fully accepted the request of the HIJ for the additional measure “Dismissal from the office as chairman” for magistrate K.Ll.