17:40 / 12.04.2022.

Author: Branko Lozančić

Amendments to law introduce new disciplinary offenses for judges and penalties for prosecutors

Minister of Justice Ivan Malenica

Minister of Justice Ivan Malenica

Foto: Robert Anic / PIXSELL

Amendments to the Law on the State Judicial and State Attorney's Council submitted for public discussion introduce a new disciplinary act for judges, not giving consent to conduct security checks, and several different fines for deputy state attorneys.

The amendments additionally regulate the disciplinary responsibility of judges, revise the provisions on the procedures for the appointment of judges and specify the conditions for appointment, and additionally regulate the institute of transfer.

The disciplinary act of disorderly performance of duties is redefined in such a way that the duty to fulfill so-called benchmarks increases to 100 percent while now benchmarks are considered met if a judge has achieved 80 percent.

In addition, the proponent notes, the occurrence of the statute of limitations due to failure to take action in a procedure without a justified reason is clearly established as a disciplinary act of improper performance of duties.

The amendments also specify the conditions for appointment to courts of first instance, and the institute of transfer is additionally regulated by the condition that only a judge who has been a judge for at least three years can be permanently transferred to another court of the same instance in order to relieve appointment procedures.

When it comes to disciplinary proceedings against deputy state attorneys, a number of different fines, the possibility of suspended sentences and their revocation are being introduced.

It is stipulated that failure to give consent for the implementation of security clearance is the basis for dismissal of the Deputy State Attorney, at the request of the State Attorney's Office. Provisions on the procedures for appointing deputy state attorneys are also being revised.

Consultations on the draft proposed amendments to the Law on the State Judicial Council (DSV) and the State Attorney's Council (DOV) are open until April 27, and those interested can join on the e-Consultation portal, reported the Ministry of Justice and Administration.

Source: HRT

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