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The High Inspector of Justice has initiated a disciplinary investigation on the initiative of the complainant, against the magistrate TT, acting judge in the Elbasan Judicial District Court, for disciplinary violations committed, in the trial of the request for reduction of sentence for the convict AG, sentenced to imprisonment eternal.
From the legal analysis of the facts ascertained during the disciplinary investigation against Judge TT, it results that:
Actions / omissions expressed in the issuance of the decision to reduce the sentence to 720 days for the convict AG were found, contrary to Article 63 of Law no. 8328 dated 16.04.1998 “On the treatment of prisoners and detainees” as amended, bringing unfair benefit in reducing the sentence and fictitiously increasing the time of serving the sentence; non-implementation of the requirements of Article 383 of the Criminal Code, regarding the distorted presentation of facts and circumstances in the issued acts, as well as lack of reasoning of the decision, these actions provided as a disciplinary violation in Article 102, point 1, letter “dh” as well as article 102 point 2, letters “b” and “c” of law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”, as amended.
In issuing the decision, the magistrate did not refer to the facts in the acts of the file, but has obviously presented distorted facts and circumstances only to adapt to the fulfillment of the formal requirements of article 63 of law no. 8328/1998, as amended.
ILD has analyzed the 4-year decision-making of the magistrate (2017-2021), with the object of reducing the sentence, and finds that the judge acted differently in issuing 155 other decisions, where 7 requests are from convicts with “life imprisonment”, e where formal legal criteria have been respected.
Actions / omissions committed in violation of the law by the judge have brought as a direct consequence the unfair benefit from the convict AG of the reduction of the sentence to 720 days, as well as the violation of the prestige of the magistrate in particular and the violation of public trust to justice.
The actions / omissions of the TT magistrate constitute very serious disciplinary violations, which discredit the position and image of the judge during the exercise of duty.
Regarding the above, the High Judicial Council is required to accept the request of the High Inspector of Justice for imposing a disciplinary measure “Dismissal from duty”, for the magistrate TT, acting judge in the Court of the Elbasan Judicial District, for the disciplinary violations provided by article 102, point 1, letters “dh” and article 102 point 2 letters “b”, “c” of Law no. 96/2016 “On the status of judges and prosecutors in the Republic of Albania”.
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