KLP does not accept ILD's request for disciplinary measures against the magistrate

2025-11-25 13:52:00, Aktualitet CNA

KLP does not accept ILD's request for disciplinary measures against the

The High Prosecutorial Council has rejected the request of the High Inspector of Justice to impose the disciplinary measure "Public reprimand" against magistrate BS, with the duty of Prosecutor at the Prosecutor's Office at the Court of First Instance of General Jurisdiction in Saranda.

The High Inspector of Justice has initiated a disciplinary investigation based on a complaint from the Head of the Prosecution Office, against Prosecutor BS, for the disciplinary violation foreseen as "Repeated or serious violation of the rules of solemnity, rules of conduct in relations with the president and with the personnel of the judicial administration.", during 2024.

The legal analysis of the facts established during the disciplinary investigation resulted in the actions of Magistrate BS in relations with the head and members of the judicial administration staff constituting unworthy, improper, lack of self-restraint behavior, contrary to the Standards of Ethics and in violation of the principle of guaranteeing public trust in justice.

The violations found are not related to her professional activity, and may only be important for the purpose of her ethical and professional evaluation, but are of a nature that the magistrate should bear disciplinary responsibility.

The ILD investigation found that the prosecutor's behavior and actions, committed with direct intent, have resulted in discrediting the position and figure of the magistrate, as well as undermining public trust in justice.

This behavior was committed in the office of the head of the prosecution, as well as in the offices where judicial police officers exercise their activity, leading to the risk that this behavior will be followed by other magistrates of the same prosecution office or even beyond, since the court is also located within the same building, which implies the essential importance of the magistrate's behavior not only in the premises of the prosecution, but also outside it.

The ILD investigative report notes that the essential purpose of the disciplinary measure is to protect the public interest by declaring the disciplinary responsibility of the magistrate and taking active measures to educate the magistrate, if such a thing is possible. The disciplinary measure also fulfills two preventive purposes:

1- special prevention, i.e. so that the magistrate does not commit any more disciplinary violations in the future;

2- general prevention, i.e. so that other magistrates understand that inappropriate behavior should not be committed, as it is punishable by disciplinary action.

Considering the nature of the disciplinary violation and the existence of mitigating circumstances, such as a first-time violation, the magistrate's scant 2-year experience in the function of prosecutor, the ILD concludes that the actions/inactions undertaken by magistrate BS constitute a "Minor disciplinary violation" and proposed to the High Prosecutorial Council the imposition of the disciplinary measure "Public reprimand" against prosecutor BS, for the disciplinary violation provided for in 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. The request was rejected by the High Prosecutorial Council./ CNA