FLASH
Shkruar nga Pamfleti
The High Prosecutorial Council rejected at today's meeting the proposal of the High Inspector of Justice to impose the disciplinary measure "Public reprimand" against the prosecutor of Korça, Anjeza Kalanxhi, for violating the provisions regulating the organization and functioning of the courts/prosecution and violating the rules of confidentiality and non-disclosure of information resulting from the investigation or trial in progress or completed.
"Present in the hall were representatives of the Ministry of Justice, the inspector of (ILD), Lindita Ziguri (Male) and the magistrate AK
"After reviewing the request of the High Inspector of Justice, the High Prosecutorial Council decided to reject the request for the imposition of the disciplinary measure "Public reprimand" against Ms. AK," the official announcement of the KLP states.
The ILD's investigative report showed that Magistrate AK signed documents without having the authority, issued and sent copies of several acts, part of the file of a case under investigation, to third parties, ignoring the authority of the head of the prosecution, damaging the image of the prosecution office, while the publication of procedural acts carries the risk of consequences to the detriment of the investigation and consequently the loss of public trust in the functioning of the Prosecution Office according to the law and not the wishes of the magistrate.
In the ILD investigative report, it is evidenced that Law No. 97/2016 "On the Organization and Functioning of the Prosecution Office" provides, among other things, that:
1- Prosecutors and all prosecution personnel, during the exercise of their duties, as well as after their termination, are obliged to maintain confidentiality and state secrets regarding facts of which they become aware, except in cases where the law provides otherwise.
2- The Prosecution Office is not allowed to make public or provide to third parties data that harms the case in the investigation or trial process, that violates the dignity and private life of persons, the rights of minors, as well as data of a confidential or reserved nature.
3 – Prosecutors are prohibited from making statements or giving opinions on the activities of other bodies.
Taking into consideration the nature of the disciplinary violation, the existence of mitigating circumstances, related to the violation for the first time, the 2-year experience in the function of prosecutor, the damage to the image of the prosecution and the public's trust in the justice system, the ILD concluded that the actions/inactions taken by the magistrate constitute a "Minor disciplinary violation", according to article 102 point 1 letters "g" and "j" of Law No. 96/2016 "On the status of judges and prosecutors in the Republic of Albania", as amended, and proposed to the KLP the imposition of the disciplinary measure "Public reprimand" against Ms. AK, a request that was rejected by the High Prosecutorial Council.
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