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The High Inspector of Justice announced this Monday that he has initiated a disciplinary investigation based on a complaint from the head of the Prosecution Office, against Magistrate BS, acting as Prosecutor at the Prosecution Office at the Court of First Instance of General Jurisdiction in Saranda.
The disciplinary investigation began with a complaint for a disciplinary violation defined as "Repeated or serious violation of the rules of solemnity, rules of conduct in relations with the president, as well as with judicial administration personnel", during 2024.
According to the information note from the ILD:
From the legal analysis of the facts ascertained during the disciplinary investigation against the prosecutor, it results that:
The actions of Magistrate BS in violation of the Standards of Ethics are unworthy, improper, lack of self-restraint, in violation of the principle of guaranteeing public trust in justice in relations with the head and staff of the judicial administration. The violations found are not related to her professional activity, and may be important only for the purpose of her ethical and professional assessment, but are of a nature that the magistrate should bear disciplinary responsibility.
The behavior and actions of the prosecutor, committed with direct intent, have resulted in discrediting the position and image of the magistrate, as well as undermining public trust in justice. The fact that 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, that is, within the environment where the prosecutor exercises her function, there is a risk of being 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.
Considering the nature of the disciplinary violation and the existence of mitigating circumstances, such as a first-time violation, the magistrate's scant 2 years of experience in the prosecutor's function, the ILD concludes that the actions/inactions taken by magistrate BS constitute a "minor disciplinary violation".
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; and 2- general prevention, i.e. so that other magistrates understand that inappropriate behavior should not be committed, as it is punishable by disciplinary measure.
The High Inspector of Justice requests the High Prosecutorial Council to accept the request for the initiation of disciplinary proceedings against magistrate BS, acting as prosecutor of the Prosecutor's Office of the Prosecutor's Office at the First Instance Court of General Jurisdiction of Saranda, 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, and to impose the disciplinary measure "Public reprimand" on her. /CNA
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