High Prosecutorial Council (HPC) has partially accepted the request of the High Inspector of Justice (HIJ), deciding to impose on magistrate A.P., (who at the time the violation was identified was a prosecutor at the Prosecution Office attached to the Court of First Instance of General Jurisdiction of Berat), a temporary salary reduction of 10% for six months, instead of the measure proposed by HIJ of up to 40% for a period of up to one year.
The disciplinary investigation against prosecutor A.P. began following a complaint by the Ombudsman concerning the calculation of the period of imprisonment served by a convicted person. During the disciplinary investigation, HIJ found that the prosecutor had repeatedly neglected her legal obligations regarding the execution of criminal judgments and the aggregation of sentences, also failing to take into account the period of pre-trial detention served by the convicted person in Greece. As a result of these actions and omissions, the person had remained in prison beyond the date on which the sentence should have been completed.
High Inspector of Justice classified the conduct of prosecutor A.P. as a serious disciplinary violation, considering that the negligence had directly infringed the fundamental right to personal freedom and, furthermore, risked producing a broader systemic effect, since failure to comply with legal obligations concerning the monitoring and calculation of prison sentence could recur in similar cases and have direct consequences for the right to personal freedom of convicted persons. The HPC accepted HIJ’s request but imposed a different disciplinary measure on prosecutor A.P., namely a “10% salary reduction for a period of 6 months”, a measure less severe than the one proposed by HIJ.
